Limitation Of Liability Research Articles

Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea under Croatian Law

The quantity and volume of hazardous and noxious substances transported by ships as cargo have been increasing markedly. The trend is anticipated to persist and even accelerate in the Adriatic Sea due to the expansion of port infrastructure. Concomitantly with this expansion, the probability of incidents involving these substances, which have the potential to cause significant damage, is also on the rise. At present, the Republic of Croatia lacks the specific legal framework that would provide a comprehensive legal basis for liability, prompt, and adequate compensation for damage to persons and property, liability for clean-up, and reinstatement measure costs, and economic losses resulting from the transportation of such substances by sea. The objective of this paper is to provide an overview of the provisions of Croatian law that regulate liability and compensation in the event of such an accident. The analysis demonstrates the deficiencies of fragmented approach. Moreover, the paper examines the stipulations of the International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea of 2010, and the prospective advantages of its ratification. These include double-tier liability, a special regime of limitation of liability, compulsory insurance of liability and the right to direct action. In consideration of Croatia's maritime and tourist-oriented economy, the authors highlight the country's substantial interest in not only the ratification of the 2010 HNS Convention and paving the way to its entry into force, but also in amendments to the Croatian Maritime Code in that respect.

Agreements on Release of Contractual Liability of Entrepreneurs in Russia and China

This article is devoted to a comparative analysis of the provisions of the civil codes of the Russian Federation and the People’s Republic of China regulating the conclusion of agreements on the release or limitation of civil liability. In the context of active trade and economic cooperation between Russia and China, the issues of proper fulfillment of contractual obligations by each of these partners are placed at the forefront of the negotiations. However, the parties may, by means of an agreement between them, provide for cases of exemption from liability in order to minimize their risks from entrepreneurial activity. The authors of this article explore the legal nature and conditions for the conclusion of such agreements, as well as examine the essence of agreements on the release or limitation of liability for an intentional breach of obligation or as a result of gross negligence. A comparative analysis of the provisions of Russian and Chinese civil law leads the authors to conclude that there is a significant similarity in the legal regulation of agreements on exemption from liability for breach of contractual obligations due to the influence of European civil law In addition, the limits of establishing contractual conditions regarding limitations and exemption from liability in accordance with the principle of freedom of contract are examined. Furthermore, the article discusses the recent changes and modifications to the civil laws of Russia and China. These improvements can be used by business partners of the Russian Federation and the People’s Republic of China who are engaged in trade and economic cooperation with these countries when concluding and executing agreements. The results of this study can also be used to study the problems surrounding exemptions from civil liability in contractual obligations in order to further improve the legislation.

Статус несовершеннолетнегов административно-деликтном и уголовном праве

The article discusses the status of a minor as a subject of administrative offenses and crimes, as well as a victim of these offenses. Special attention is paid to how the presence of a child in the subject of an administrative offense or crime affects the limits of liability. The author shares the idea of establishing a 14-year age limit for the responsibility of the subject provided for a certain list of administrative offenses. The idea of separating administrative offenses in which minors are victims is also put forward within a separate chapter. An analysis of all elements of administrative offenses and crimes is carried out and the conclusion is made that the minority of the victim in some cases acts as a constructive feature, in others - as a qualifying feature.

Implementation of the international convention on the removal of wrecks: Legal obligations, model selections, and perspectives from China

The International Convention on the Removal of Wrecks mandates that registered owners are liable for wreck removal and associated costs. This article explores different national implementations of the WRC, and critically evaluates the convention's approach to liability limits. Employing a mixed-methods approach, this study offers preliminary findings that support three core aspects of the WRC: strict liability, compulsory insurance, and liability limitation. These elements are shown to collectively incentivize the minimization of social costs, ensure funding for wreck operations, and assist shipowners in securing cost-effective insurance. Despite widespread international support for strict liability and compulsory insurance, the WRC lacks a unified approach to capping liability and the application of the Convention to territorial seas remains optional, resulting in diverse implementations at the national level. For instance, China utilizes a dual framework that integrates both the convention and domestic laws, incorporating both hard and soft legal measures. With increasing vessel sizes and the rise of unmanned vessels, the complexity of legal and risk issues escalates for shipowners. Consequently, the article advocates for policy reforms: encouraging contracting parties to extend the WRC's application to territorial waters, permitting shipowners to limit their liability, and regularly updating liability caps to reflect actual wreck removal costs. It further recommends that affected states apply principles of proportionality and reasonableness in evaluating wreck hazards and selecting removal methods, while curbing excessive administrative discretion. These policy-oriented recommendations are intended to enhance the effectiveness and equity of the Convention's application.

Correlation of certain provisions of the criminal law with the principles of law

The article is devoted to the study of the issue of introduction of absolutely definite sanctions in the law on criminal liability, the reasons and prerequisites which contributed to their emergence, and the correlation of such changes with the principles of law. The Law of Ukraine «On Amendments to the Criminal Code of Ukraine on Strengthening Liability for Crimes Against the Fundamentals of National Security of Ukraine in the Conditions of Martial Law» of March 3, 2022, amended the law on criminal liability and strengthened liability under Articles 111 and 113 of the Criminal Code of Ukraine, which provide for liability for high treason and sabotage by applying absolutely certain sanctions. In the context of the issue raised, the authors also examine the current practice of law enforcement in the form of decisions of the Constitutional Court of Ukraine and the European Court of Human Rights on similar issues through the prism of the principles of law. According to the provisions of the criminal law theory, a sanction is a part of a rule of law which contains instructions on the legal consequences of violation of a rule set forth in a disposition. The purpose of a sanction is to create certain unfavorable consequences for the offender or incentives for the subjects who comply with the governmental order. The types of sanctions include: by the degree of certainty: 1) absolutely certain – clearly define the type and extent of legal liability; 2) relatively certain – the limits of legal liability are determined from minimum to maximum or only to maximum. An absolutely definite sanction is a type of sanction in a criminal law provision that establishes a single type and amount of punishment. With the adoption of the new law on criminal liability in 2001, the legislator completely abandoned this type of sanction, which enabled courts to exercise discretion in passing sentences based on the results of each criminal proceeding. In the article, the authors reflect and substantiate the assertion that in the sanctions of the articles under consideration, alternatives to imposing punishment for the specified criminal offenses in the form of life imprisonment as the most severe punishment currently available in the law can only formally be considered an alternative to imposing a punishment of 15 years of imprisonment. A formal approach to the issue of sentencing a person who has committed a criminal offense not only makes it impossible to individualize responsibility, but also to demonstrate to society the principle of justice in sentencing.

Algorithmic torts

The purpose of this paper is to elucidate the intersection of algorithmic explainability and civil liability, exploring the implications of complex algorithms on legal responsibility. Algorithms, while not inherently intelligent, depend on data to present probabilistic predictions, differing significantly from human intuition. The core of this study lies in examining the limits of liability for damages caused by sophisticated algorithms, considering their inherent unpredictability. By analyzing the accountability framework proposed by scholars like Frank Pasquale, Mark Coeckelbergh, and Giovanni Comandé, this paper highlights the importance of data-informed duties and relational justifications as elements of the principle of explainability. It underscores the need for a proactive approach to risk management and the establishment of ethical standards for trustworthy AI. The discussion includes the necessity of regulatory guidelines that balance technological innovation with preventive measures that ensures transparency, predictability, and accountability in the deployment of algorithmic systems.

К вопросу о договорной ответственности маркетплейсов

The rapid development of e-commerce generates new subjects of civil turnover. Marketplaces are commodity aggregators with a vague legal status. A marketplace is more than an information intermediary: it is an ecosystem with highly developed logistics that provides interaction between the seller and the buyer, as well as information about goods and delivery points. In addition, it settles disputes between sellers and buyers by applying various resolution tools. The article describes the legal nature of the relations connected with marketplace ecosystems, i.e., between the marketplace and the seller, between the marketplace and the delivery point, between the marketplace and the buyer. The author also assessed the integration of the marketplace into the classic purchase-and-sale relationship between the buyer and the seller. These parties sign commission contracts, agency agreements, and fee-based service contacts, each of which has its specifics. The author defined the limits of contractual liability in the seller – marketplace – consumer trade chain. If the seller – buyer relations are violated, the responsibility of the marketplace needs to be expanded because the marketplace undertakes to verify the reliability of sellers and the quality of goods. The author applied a doctrinal perspective to the legislative initiatives of 2023–2024 in relation to marketplaces, as well as developed some recommendations on how to improve e-commerce legislation in the Russian Federation.

PROBLEMS OF DETERMINING THE SIGNS OF CRIMINAL BANKRUPTCY AND PROSPECTS FOR THEIR SOLUTION

The legislation providing for limits of liability for socially dangerous acts aimed at violating insolvency (bankruptcy) procedures is analyzed. It is proposed to supplement the mechanism of criminal law protection of the established procedure for carrying out economic activities with new provisions taking into account the analysis of the current practice of applying criminal law prohibitions of criminal bankruptcy, as well as based on the study of the legislative experience of other states in the field of regulating insolvency and criminalization of socially dangerous acts related to the procedures bankruptcy. The issue of the advisability of establishing bankruptcy procedures for individuals in the legislation of the Republic of Belarus, as well as the legal liability of an individual for intentional violation of bankruptcy procedures, is being considered. The problem of bringing accomplices to criminal bankruptcy to justice is explored. In order to further improve the application of the rules on criminal bankruptcy, the types of special subject of the crimes under consideration can be supplemented by a temporary manager. The feasibility of the possible inclusion of a special incentive norm that defines the conditions for exemption from criminal liability in case of criminal bankruptcy in the system of criminal legal regulation is determined.

The Substitute Notary's Responsibility for the Deed He Made

Purpose: A Substitute Notary is temporarily appointed as a Notary to replace a Notary who is on leave or sick. In Article 65 of the UUJNP, there is no explanation regarding the limits of the Substitute Notary's liability after his/her term ends. It is illogical because the limits of the Substitute Notary's authority end when the limits stated in his/her decision letter have expired, and he/she must still be responsible until his/her last breath.Methodology:The author uses a normative legal research method, legislative approach, legal concept analysis, case approach and comparative approach. The author's legal sources use primary and secondary law and tertiary legal materials. The legal collection technique uses document study techniques and recording.Findings: The responsibilities of a substitute notary can be divided into 4, namely: (1) Civil Liability of a Substitute Notary, (2) Criminal Liability of a Substitute Notary, and (3) Administrative Liability of a Substitute Notary. Legal protection for a substitute notary can be divided into 2: preventive legal protection and repressive protection.Implication:The responsibility of the Substitute Notary is only in the formal form of the authentic deed as stipulated in the law, so the Notary is not responsible for the contents of the deed. When carrying out their duties, a substitute notary will receive legal protection, including preventive legal protection to prevent disputes from occurring and repressive protection to resolve disputes that have already occurred. It is outlined in Article 66 of the UUJNP as a form of settlement effort if the notary is questioned.

Autonomous inland navigation: a literature review and extracontractual liability issues

Pilot tests for (semi-)autonomous transport via inland waterways are already taking place in Belgium and other European countries. However, the full commercial implementation of autonomous inland shipping might be hampered by liability issues. The allocation of liability, especially extracontractual liability, is an important concern for shipowners who want to invest in autonomous barges, and for other ecosystem actors. For this reason, a balanced risk distribution framework could boost the investment decision. A legal analysis of the current laws and regulations is necessary to evaluate whether they can be applied to new autonomous systems. The research approach consists of two steps. First, an in-depth literature review is carried out to determine whether extracontractual liability research has already been conducted and to highlight the gaps in autonomous inland waterways transport studies. Once it is proved that the vast majority of the research focuses on technology, it can be affirmed that there is a need to inquire about extracontractual liability. In the second part, thus, the two international Conventions on liability limitation and collision in inland navigation are examined.

Ensuring Fair Compensation: Analyzing and Adjusting Freight Forwarder Liability Limits

Background: Due to the absence of unified global regulations, defining the service and legal role of freight forwarders is challenging. This, as well as the lack of a standardized limit to the freight forwarder’s liability for loss or damage to the cargo, introduces misunderstandings into his relationship with the client. The purpose of this study is to analyze the most widely used limit for freight forwarder’s liability, set in Special Drawing Rights (SDR) units, and to adjust it, which will allow for maintaining the purchasing power of the compensation amount over different periods of time. Methods: In this study, two methods of adjusting the liability limit were proposed. In accordance with the first one, the limit was adjusted considering the impact of dollar inflation on the SDR unit. The second method involves changes in the limit of liability, taking into account changes in world prices for goods. Results: The result of this study showed that the second method is more functional, helping to preserve the purchasing power of the liability limit most effectively over time. Conclusions: This study revealed the fluctuating purchasing power of the forwarder’s liability limit over time and suggests utilizing a methodology tied to changes in global goods’ prices for adjustment.

Contractual Limitations of Liability and their Impact on Tort Claims

Abstract By concluding a contract, parties intend to allocate the contractual risk between them. This means that parties must anticipate any future adverse result and determine whether a party will have to cover any loss incurred by the other party as a result of performance or, more often, bad performance. In sales contracts, for example, parties may decide to exclude any liability for defects of goods, especially when selling used goods or for other reasons, or at least to limit liability for some defects or to limit types of possible claims. Similarly, in mergers and acquisitions, parties very strictly determine what is known by the seller in a disclosure letter and give the buyer access to some information in a data room prior to the conclusion of the contract to limit liability to the unknown and the non-disclosed. CA Hill/BJM Quinn/SD Sollomon, Mergers and Acquisitions, Law, Theory, and Practice (2019) 372–403; R Tschäni/H-J Diem/M Wolf (eds), M&A-Transaktionen nach Schweizer Recht (3rd edn 2021) 209–215 (paras 420–431); O Duys/K Henrich in: W Hölters (ed), Handbuch Unternehmenskauf (8th edn 2015) ch 16, paras 16.108–16.116. For each party, much of contractual drafting boils down to limiting risk to the greatest extent possible, or at least to ensure compensation for any risk incurred. If parties are on an equal footing, this may lead to an equitable allocation of risk and a balanced contractual liability regime. Contractual limitations of liability are, therefore, part of this process of adequate allocation of risks. In this contribution, I will briefly address three issues. First, I will look at which principles are applicable to the validity of limitations of contractual liability (I) and then determine to what extent these principles apply to tort claims (II). This will finally lead me to determine whether the Principles of European Tort Law (PETL) need to be supplemented by a further rule dealing with the validity of contractual clauses limiting liability in tort (III).

Delay in Delivery of Goods under the Contract of Carriage by Sea in the Vietnam Maritime Code 2015: A Comparative Approach

Delivery of the goods is the carrier’s obligation under a contract for the carriage of goods by sea, which is stipulated in international conventions and national laws. Delay in delivery of goods could lead to disputes between the carriers and cargo interests if the carriers’ liability is not regulated explicitly by the laws and the contract. This paper concentrates on analyzing the regulations of delay in delivery of goods and the carrier’s liability in the Vietnam Maritime Code 2015, compared with the Hamburg Rules 1978, the Rotterdam Rules 2008, and the China Maritime Code 1992, finding the shortcomings of these regulations in the Vietnam Maritime Code 2015, and suggesting the proper amendments. The article employs the applied legal research method and the comparative legal research method to examine: i) the definition of delay in delivery of goods; ii) the liability of the carrier and the limitation of liability for the delay in delivery; iii) notice of loss resulting from delay in delivery. Based on the results of the examination, the article presents the shortcomings of the particular regulations in terms of these matters in the Vietnam Maritime Code 2015, suggests five amendments, and supports Vietnam in ratifying the Rotterdam Rules 2008.

Basic principles of personal data processing and protection

The development of an information society that prefers quick and remote resolution of issues, including on the Internet, raises the issue of protecting information and data disseminated and provided by personal data subjects. People do not want to transmit personal information without a clear understanding that it will be protected and not used, or to transfer it unnecessarily to third parties, because most of this information is identifying and personal, and in some cases even «sensitive». In this case, persons who transfer, process, or store personal data must be guided by legal grounds that determine the course of such actions. The fundamental concepts that must be followed in any operations with personal data are the principles. Principles are the basic framework that everyone in this process must adhere to, and failure to do so entails legal liability.
 The institute of personal data protection is relatively new, therefore, with the development of this institute, legislation at various levels develops and improves the basic provisions and general principles of personal data protection. At present, the general principles of personal data processing and protection can be summarised as: transparency, fairness, lawfulness, purpose limitation, data minimisation, data accuracy, data retention period limitation, data security and the principle of accountability.
 Such principles are enshrined in the General Data Protection Regulation and meet the main goal, namely to define the standards on the basis of which personal data should be collected, processed, transferred, stored, and destroyed. The existence of such principles and, most importantly, their consolidation in regulatory legal acts that are binding for all and are primarily necessary to preserve and not restrict the right to privacy and the right to protection of personal data, the right to privacy. The general principles of legitimate operations with personal information provide for notification of the person who provides his/her personal data about the purpose of processing and all the details concerning future actions with the provided information and regulation, limitation and determination of liability for violation of the principles of processing and protection of personal data for the person who further carries out the specified operations.

Terms of exclusion or limitation of contractual liability under English civil law

Abstract English contract law pays great attention to the terms of exclusion or limitation of contractual liability that the parties may provide in a contract. This is due to the fact that these terms can be considered as a social problem, since they are a means by which the contracting parties seek to avoid liability for non-fulfillment of contractual obligations. In this sense, these terms constitute an easy way for the contracting party, which is stronger, to exclude itself from liability to the other party. This is especially true in consumer related contracts. The purpose of this paper is to address how these terms are regulated by doctrine and jurisprudence in England. This paper consists of two main cases. In the first case, the content and features of the terms of exclusion or limitation of contractual liability will be analyzed according to common law or judicial practice in England. It is understood that in this case, at the center of attention will be the analysis of the decisions of courts of different levels or the analysis of judicial precedents, since it is the latter that gives the meaning and content of these terms. In the second case, the terms of exclusion or limitation of contractual liability will be analyzed in general, according to the English law: “The Unfair Contract Terms Act 1977”. Here we will specifically analyze the reasons that drove the legislators in England to pass this law, as well as address some of the main provisions of this law, as well as the impact they have had on judicial practice. Also, special attention will be paid to the cases of English judicial practice in relation to the correct and exact meaning of the concrete provisions of this law.

Юридическая хроника

In the March Legal Chronicle, read commentaries on the decisions of the UN International Court of Justice in Ukraine v. Russia, the Supreme Court of the Russian Federation on the correlation between family relations and the resulting rights to social benefits and allowances, as well as the limits of liability of a legal consultant (Ernst & Young (CIS) B.V. case), and the Government Decree creating grounds for unification of rules for the preparation of territory planning documentation.

Особенности договорной ответственности в исламском праве

The development of commercial relations with the countries of the Arab East requires a deeper understanding of the peculiarities of their legal system, including in terms of the implementation of civil liability measures. The article examines the features of the doctrine of Islamic law, notes various approaches to solving individual issues of liability for breach of contract due to the existence of various maskhabs, characterizes such forms of liability as daman and amana, analyzes the influence of various circumstances on determining the grounds and limits of liability, including force majeure. The practical implementation of these provisions is illustrated by references to the civil legislation of Egypt, Iran, Qatar and the UAE. The author comes to the conclusion that Islamic legislation reflects a rather peculiar perception of legal reality, which does not always coincide with the legal understanding inherent in the countries of the Romano-German or Anglo-American legal systems, although the approaches formed in it show general ideas about the grounds and limits of civil liability for violation of contractual obligations, as well as exemption from they are based on a deep understanding of the need to implement the principle of justice in civil legal relations.

Responsibilities of Medical Practice through Digital Health Platforms

Medical practice through digital health platforms is one of the innovations in the health sector that changes the practice of medicine in a modern direction with technological intermediaries. Digital health platforms accommodate doctors in providing medical services to patients virtually. Certain parties may experience the disadvantages of using technology as a result of limitations that surround medical practice through digital health platforms. The laws have not yet provided specific arrangements related to the medical practice through digital health platforms. This research aims to provide legal certainty by identifying and analyzing the limits of liability of the parties involved in medical practices through digital health platforms. This legal research uses a statutory approach and conceptual approach. The results showed that the imposition of liability for losses suffered by a particular party is based on the element of error inherent in the party that caused the loss. Platform operators are responsible for the leakage of a patient's personal data and medical records. Doctors are responsible for misdiagnosis and prescribing of drugs after the patient provides correct health information. The courier delivery is responsible for ensuring the medicine reaches the patient from the pharmacy according to the prescription given by the doctor. The electronic payment company must solve the transfer of funds problem and the insurances responsible for taking care on insurances needs if the patient connects the treatment with their insurance.

Tarptautinio krovinių vežimo keliais sutarties konvencijos (CMR) 1, 2 ir 29 straipsnių aiškinimas teismų praktikoje

The CMR Convention applies to the carriage of goods by road. The first article of the Convention defines its scope. In order for the CMR Convention to apply to a contract for the carriage of goods by road, the carriage of goods must be carried in a vehicle for payment when the consignor and the consignee are in the territories of different State and when at least one of the parties to the contract is a member of this Convention. Even if shipments fall outside the scope of the CMR Convention, the parties may agree on the application of the Convention themselves, but this agreement must be clearly expressed. The second article of the CMR Convention adds that the Convention applies to all transport and in cases where a vehicle with cargo carries part of the road by sea, rail, inland waterway or air, but the cargo cannot be transshipped, which is very important when it is necessary to determine whether the Convention will apply to all or only part of the carriage. Article 29 of the CMR Convention indicates the conditions under which the carrier cannot use the provisions of the Convention regarding exemption from liability or limitation of liability. Intentional actions required for the application of Article 29 of the CMR Convention also include gross negligence and omission. The existence of objective and subjective criteria is necessary to establish awareness, which is required to prove actions caused by gross negligence, i.e., violation or non-observance of rules helping to ensure the safety of the cargo and deliberate actions or omissions, realizing that they may pose a threat to the cargo or increase the likelihood of its occurrence. However, it must be recognized that such actions or omissions of the carrier had a direct impact on the occurrence of damage to the cargo.

The Efficacy of the Introduction of LLPs in Zambia: Lessons from Kenya and the United Kingdom

Design/methodology/approach –The study is a culmination of desk research in inter alia, statutes, case law, textbooks, journal articles, etc. Purpose-There are different forms of business associations that can be formed for the purpose of conducting business activities in Zambia and among them are partnerships which are regulated by the British Partnerships Act of 1890, an archaic and outdated law. The Partnerships Act of 1890 has several shortcomings which render it insufficient and ineffective in today’s business environment. The study discusses the current legal framework and shortcomings of partnerships in Zambia. Findings-For instance, individuals who would like to form a business association in which they can enjoy limitation of liability cannot establish a Limited Liability Partnership (LLP) in Zambia, instead, they would have to incorporate a company because Zambia lacks legislation for LLPs. Originality/value-This research paper highlights the benefits of LLPs, by drawing lessons from Kenya and the United Kingdom. In addition, the study recommends the creation of legislation and a regulatory framework to guide Limited Liability Partnerships in Zambia because none exists.