Civil Liability Rules Research Articles

Civil Liability for the Damages of Artificial Intelligence in Jordanian Legislation

This study examined the civil liability for the damages of Artificial Intelligence in Jordanian legislation. It specifically aimed to reveal the nature of this type of civil liability. Besides, it ventured to highlight the legal problems raised by the subject of civil liability for damages of Artificial Intelligence. The descriptive comparative approach was used to describe the phenomenon and compare Arabic legal systems and the European position towards the legal issues raised by this study. The findings revealed that the Jordanian legislator emphasized the conditions for achieving civil liability for mechanical machines. The study recommends applying the rules of civil liability to these systems that resemble humans in their behavior, intelligence, and awareness of matters.

The protection of personal data according to the civil and criminal Moroccan laws in light of jurisprudence

With the growing dependence on information technology for personal data processing and the diverse activities requiring data use, risks to privacy have increased. Violations are more prevalent in the computer age. In this regard, the study of the protection of personal data, as formulated, has both theoretical and practical importance. This paper aims to analyse two aspects of personal data protection within Moroccan law. It encompasses civil protection based on civil liability rules, and penal protection as guaranteed by the Moroccan Penal Code. Taking into account Moroccan judicial practice and jurisprudence in this field and incorporating insights from over 28 relevant judgments, this analysis will be conducted independently of the provisions of Law No. 09-08 governing privacy and data protection. It also considers the widespread use of the Civil Code and Penal Code by Moroccan courts as foundations in matters involving personal data protection.

THE CONSTRUCTION OF THE CIVIL LIABILITY STANDARD OF MOTORSPORT SPORTS LEAGUES IN BRAZIL

Civil liability is a way of resolving patrimonial and extra-patrimonial compensation arising from an unlawful act, represented by an action or omission that causes harm to another, even if the damage is exclusively moral. The research sought to answer the problem found, namely: what is the responsibility of motorsport sports leagues in Brazil for accidents caused during races? Thus, the research had the general objective of defining the responsibility of motorsport sports leagues in Brazil for accidents caused during races. And specifically, analyze the general rules of civil liability provided for in the civil code; verify the agent's civil liability; examine the athlete's term of self-responsibility in motorsport sports leagues. The research modality chosen for the development of the theme is normative-legal empirical research, verifying the norms of the Brazilian Automobile Confederation with norms in force in the legal system, in a qualitative approach of the exploratory type in primary research sources (laws, norms, decrees) and secondary (books, articles, monographs, dissertations and theses). The research presents the application of the general rules of civil liability provided for in the civil code due to the lack of specific regulation by automobile confederations; and the feasibility of the sportsman's responsibility in relation to the civil liability of motorsport sports leagues. In conclusion to the research, it was demonstrated that it is necessary to provide for a normative closure in the statute to guarantee legal security within a sporting space, since it is a place where risk is imminent and is part of the activity, which can cause losses and damages.

Analysis of the Resolution of the European Parliament, from October 20th 2020, and the Proposal for a Directive Of The European Parliament and of the Council on adapting non-contractual civil liability rules to artificial intelligence (AI Liability Directive)

Procede-se, neste estudo, à análise da Resolução do Parlamento Europeu, de 20 de Outubro de 2020, e da Proposta de Directiva do Parlamento Europeu e do Conselho relativa à adaptação das regras de responsabilidade civil extracontratual à inteligência artificial (Directiva Responsabilidade Civil em matéria de IA). Ambas representam o esforço encetado pelo legislador europeu de ajustar os requisitos e os encargos probatórios tipicamente associados às acções de responsabilidade civil extracontratual à nova realidade da inteligência artificial. Todavia, os documentos não adoptam soluções iguais: se a Resolução se aproxima de um regime de responsabilidade objectiva, coadjuvado por um sistema de socialização do risco baseado na celebração de seguros e na existência de um fundo de garantia, a Proposta de Directiva assenta essencialmente no regime comum da responsabilidade civil subjectiva, fazendo-lhe ligeiras alterações ao nível da prova. Ao longo do artigo, os textos são comparados com apoio na mais moderna doutrina nacional (e também em alguma literatura estrangeira). No final, apresentam-se as posições de diferentes autores e perfila-se aquela que considera que a orientação da Resolução seria a mais adequada e justa.

The Duty of Care in Company Law in Poland

The liability of directors for failure to perform their duties in a lawful manner is based on general rules of civil liability, however with some modifications making it suitable for corporate application. The duty of care is considered as one of the major directives that must be followed by directors while executing their corporate duties. Polish company law provides for similar rules of directors’ liability for violating duty of care in all types of companies. Over the last two decades, many judgements and authors have strived to determine the content of the duty of care and identify rules that could be useful to declare liability in certain cases. Currently, as amendments of applicable regulations are being processed, liability rules for violations of the duty of care in Polish company law shall become more unambiguous and effortless for application.

التعويض التلقائي عن الحوادث الطبية ودورها في بناء المواطنة

The harm that affects the right to physical integrity of the human being is considered one of the most severe types of harm because it affects the most sacred constitutional rights related to his physical entity. The sources of bodily harm are many and varied, which requires legislative intervention to organize and protect them and to ensure that the victims receive compensation for those damages. Otherwise the confidence of individuals in the state and its legal and health system will be shaken. Compensation for medical accidents that accompany the scientific and technological development of medical activity is one of the topics that need to be shed light on according to modern regulations and trends that depart from the traditional rules of civil liability due to their insufficiency or inadequacy in determining compensation through (the automatic compensation system). Through our research, we will try to show the content of the automatic compensation system in general, and then its role in compensating the injured for medical damage resulting from medical accidents in accordance with the legislation that adopted this system and its mandate in the medical field and specifically in the French legislation.

In support of "no-fault" civil liability rules for artificial intelligence.

Civil liability is traditionally understood as indirect market regulation, since the risk of incurring liability for damages gives incentives to invest in safety. Such an approach, however, is inappropriate in the markets of artificial intelligence devices. In fact, according to the current paradigm of civil liability, compensation is allowed only to the extent that “someone” is identified as a debtor. However, in many cases it would not be useful to impose the obligation to pay such compensation to producers and programmers: the algorithms, in fact, can “behave” far independently from the instructions initially provided by programmers so that they can err despite no flaw in design or implementation. Therefore, application of “traditional” civil liability to AI may represent a disincentive to new technologies based on artificial intelligence. This is why I think artificial intelligence requires that the law evolves, on this matter, from an issue of civil liability into one of financial management of losses. No-fault redress schemes could be an interesting and worthy regulatory strategy in order to enable this evolution. Of course, such schemes should apply only in cases where there is no evidence that producers and programmers have acted under conditions of negligence, imprudence or unskillfulness and their activity is adequately compliant with scientifically validated standards.

Liability in Russian Corporate Law

Liability issues related to corporate activities are primarily regulated by general and special rules of the Civil Law in Russia that are mainly dispositive. The general liability rules consist of tort and contract liability provisions of the Civil Code. Special corporate norms are, in turn, included in the Civil Code provisions on juristic persons and legislation regulating corporate forms, and they concern liability of founders, shareholders and corporation as well as executives of corporation. The main form of civil liability is compensation for damages, the award for which generally requires that the illegal action and the caused damages as well as their causal relationship and the fault for causing the damages is proved in accordance with the rules on presumptions and burden of proof provided by the procedural rules. Traditionally, Russian civil liability rules have relied on the concept of illegality of an action (or breach of an obligation) that is to cause liability, which reflects the dominant role of legal supervision in the Russian legal system. However, in the event of liability of corporate executives, a breach of fiduciary duties could be regarded sufficient as a ground to qualify their actions as illegal without particular reference to concrete legal norms. Keywords: Civil liability; Corporation; Corporate executives; Illegality

Evaluating China’s Environmental Management and Risks Avoidance Policies and Regulations on Offshore Methane Hydrate Extraction

Methane hydrates (hereinafter, MH), for many reasons, are widely recognized as a form of sustainable energy due to their environmentally friendly nature. MH, while burning, produce fresh water, which could in turn offer one possible solution to worldwide shortages of water. MH also maintains the capacity to change the landscape of the global energy supply. According to recent scientific evaluations, the potential global supply of MH is even higher than the total storage of traditional crude oil and conventional natural gas. However, its offshore extraction process could be linked to both catastrophic and non-catastrophic events that may contribute to global warming and climate change, cause harm to human health and life, endanger the flora and fauna, and threaten the very global environment as a whole. Therefore, from a legal viewpoint, an efficient and effective system of civil liability rules seem crucial to control the risks, and to compensate the victims to which damages may occur. This article takes into consideration China’s legal framework in assessing the risks connected to MH offshore extraction. Such a choice for examination is justified by China’s leading position for implementing the technology necessary for extracting MH. This analysis shows that China’s current legal instruments are still far from fully equipped to prevent the risks associated with the offshore extraction of MH, as well as to offer effective remedies for the victims once any damages have occurred. Therefore, more efficient measures and remedies should be considered (or even imposed) to address the specific risks of offshore methane hydrate extraction. Indeed, in the past few decades, China’s environmental protection laws and regulations have mainly focused on the environmental risks that may occur during the process of extracting conventional resources; however, they do not address methane hydrates specifically. This presents a legal challenge for environmental protection laws. The potentially catastrophic events that may occur as a result of the offshore MH extraction processes in particular present a legal challenge for environmental protection laws in China and across the globe. Thus, this article focuses on how to prevent these risks before they even occur, followed by a careful attempt to address compensation efforts for any damages caused by said catastrophes.

Does the EU's Drive for Private Enforcement of Competition Law Have a Coherent Purpose?

The Competition Laws of the European Union (‘EU’) have been a major influence on countless jurisdictions around the world, but their strength as a public enforcement regime have always contrasted with a perceived absence of private enforcement. Private parties cannot bring an action for damages or injunctive relief before EU courts. They can only make a complaint to the European Commission or National Competition Authority, to investigate an infringement of competition law, on their behalf. Therefore, a party’s ability to recover damages falls on the national tort and civil liability rules of each Member State. Although most European legal systems can broadly be described as belonging to the civil law tradition, there are significant differences in procedure and legal culture when it comes to recovering damages. It is also important to remember that the EU has continued to grow in the last fifteen years, with the accession of ten new Member States in 2004, and a further three between 2007 and 2013. These include states that have made a rapid transition from centrally planned economies and Communist-era legal systems.

Equalizing Political Participation and, in turn, Political Influence with Civil Liability Rules

Equalizing Political Participation and, in turn, Political Influence with Civil Liability Rules

ВІДПОВІДАЛЬНІСТЬ ЗА ПОРУШЕННЯ НОРМ ЗЕМЕЛЬНОГО ЗАКОНОДАВСТВА

У статті розкриваються особливості застосування заходів юридичної відповідальності та її різновиди за порушення норм земельного законодавства. Звертається увага на невідповідність положень різних галузей права, проаналізовано чинне законодавство та охарактеризовано особливості адміністративної, кримінальної та цивільної відповідальності за порушення норм земельного законодавства.
 Особливість цієї теми полягає в тому, що відповідальність можна охарактеризувати з різноманітних сторін, а також описуються її особливості в кожній галузі права.
 Визначено сутність та характерні особливості притягнення правопорушника до адміністративної відповідальності у сфері земельних відносин. За результатами дослідження було виявлено, що адміністративна відповідальність за порушення земельного законодавства відрізняється власною нормативною підставою у вигляді правових норм, закріплених у статтях Кодексу України про адміністративні правопорушення та деяких інших нормативно-правових актах, а також особливим порядком притягнення та накладення адміністративних стягнень.
 Розглянуто сучасний стан правового забезпечення кримінальної відповідальності у сфері земельних відносин в Україні. Проаналізовано зміст основних нормативно-правових актів, що стосуються питань регулювання відповідальності за правопорушення у сфері земельних відносин. Також було розглянуто дисциплінарну відповідальність, яка характеризується тим, що до осіб, які перебувають у трудових відносинах з підприємством, винних у вчиненні дисциплінарних проступків земельно-правового характеру, застосовуються заходи особистого впливу у вигляді накладення дисциплінарних стягнень.
 У статті розкриваються норми цивільно-правової відповідальності. Зазначено, що вона застосовується за земельні правопорушення, які характеризуються збитками, наприклад, за використання земельної ділянки не за цільовим призначенням, тому норми земельного законодавства тісно пов’язані із нормами цивільного законодавства, а тому такий вид відповідальності потребує окремої уваги та ретельного аналізу. Таким чином, юридична відповідальність постає необхідною правовою гарантією законності у сфері земельних відносин.

The Civil Liability of Asset Managers – a Polish Perspective

This paper focuses on the civil liability of asset managers in Polish law. Following the transformation of the economic system and the development of the capital market in Poland, the importance of asset management has been gradually increasing, though it remains disproportionally lower when compared to the role of collective asset management in the form of investment funds. The chief purpose of both MiFID directives is to harmonize the rules applicable to investment firms providing brokerage services in Europe, and to protect the interests of investors using brokerage services. Although the civil liability of investment firms offering brokerage services is part of what is broadly construed as investor protection, the regulations on this matter have been left to the member states’ discretion. There is no doubt that discrepancies between member states in this respect diminish the harmonizing effect of both directives. This paper sets out todetermine the basic rules of civil liability of asset managers in Polish law, and present suggestions for the most common problems in this field.

THE APPLICABILITY OF THE TRADITIONAL CIVIL LIABILITY RULES ON ENVIORNMENTAL CASES IN THE ARAB REPUBLIC OF EGYPT

Environmental pollution and its legal cases should become a priority in the agenda of reform and development taking place in the Arab Republic of Egypt. The first steps to preserve and protect the environment against pollution is to establish an appropriate and effective legal framework for providing such protection. Acordingly, the purpose of this research is to examine the civil liability rules stipulated in the Egyptian Civil Code in order to propose appropriate legal rules that suits the special nature of environmental issues so that an effective legal protection for the Egyptian environment be provided. This examination shall be made through following analytical descriptive method. The descriptive method shall be applied in order to describe and examine the legal rules stipulated in the civil and environmental laws in Egypt through referring to set of books and scientific theses that triggered the same subject matter of this research. Then, the analytical method that is based on the inductive and deductive approach shall be followed through referring to the European reports and studies that examine and analyze the problem of the research as well as analyzing the environmental cases that has been reviewed by the Egyptian Cassation Court in order to determine the effectiveness of the application of traditional civil liability rules on environmental cases. The researchers concluded that the number of civil environmental cases reviewed by the Egyptian Cassation Court is very few and it has become indispensable to issue special legal rules governing the civil liability of environmental damage that shall be consistent with the special nature of environmental damage because sufficiency by applying traditional general rules of civil liability will not provide the necessary protection to prevent pollution and environmental degradation.

Građanska odgovornost u medicini u pravnom sistemu Republike Makedonije

The Macedonian legal system does not contain special rules on the liability of medical institutions and medical staff for damage that is caused while providing health services. This implies that the general rules of civil liability, which can be found in the Macedonian Obligation Relations Act (ORA), apply to professional liability of physicians and medical institutions. The comparative law shows that the rules of contractual and non-contractual liability, fault and strict liability as well as vicarious liability can be applied in cases of medical liability. The aim of this paper is to present the existing rules on liability in the Macedonian legal system that may apply in cases of civil liability in medicine, as well as to present cases involving different kinds of liability and analyze the specific differences among them. A clear distinction among different types of liability is essential for deciding which liability rules apply in a particular case: the rules on contractual liability or non-contractual (tort) liability. The legal relationship between a patient and a physician is primarily a contractual relationship and, in these cases, a medical treatment contract is the legal ground of the patient's and the physicians' rights, duties and obligations. The application of the fault liability rules is predominant in comparative law but the mass usage of medical devises and the introduction of high technology into medicine in general have resulted in the tendency to increase the application of strict liability in practice. In this paper, the author addresses the following questions: which of these tendencies and cases are accepted in the Macedonian legal system, and under what conditions are they applied in the Macedonian legislation and in practice.

(الحماية المدنية من الضوضاء (بحث مقارن

Civil protection from noise Comparative study Noise is one of the most important elements of air pollution, as it has a harmful impact on human health, which is the mainstay of the national income of the state. It is therefore not surprising that noise pollution (auditory pollution) is called the disease of the epoch, because the phenomenon of noise pollution has become the problem of the present era in all parts of the world, especially after industrial and technological industrialization. This phenomenon has increased both individually and collectively Recent scientific studies have proved that this phenomenon is disturbing to tranquility, and is quiet, and affects negatively on the human body, nervous system, and mood, and lead to fatigue and disorder. On the other hand, this issue raises a number of problems from the legal point of view, the most important of which concerns or interferes with harms of the unfamiliar neighborhood, including those falling within the scope of tort liability. In many cases, the rules of civil liability are incapable of Noise pollution damage,However, legislators have struggled to find solutions that ensure that the injured person gets the right compensation,And the need to develop rules relating to corporate responsibility because it is not possible to determine who is responsible,As well as those that fall within the contractual responsibility,Including those that are part of the public authorities' task of achieving public tranquility. This may be due to the multiplicity of special and public laws dealing with protection, prevention and punishment and the reduction of this phenomenon ,So we put an end to this phenomenon ,And to demonstrate to the legislator the extent of Gaps, Disadvantages. shortcomings in the texts that dealt with this phenomenon, and to develop appropriate solutions to them.

The Civil Liability of Asset Managers A Polish Perspective

This paper focuses on the civil liability of asset managers in Polish law. Following the transformation of the economic system and the development of the capital market in Poland, the importance of asset management has been gradually increasing, though it remains disproportionally lower when compared to the role of collective asset management in the form of investment funds. The chief purpose of both MiFID directives is to harmonise the rules applicable to investment firms providing brokerage services in Europe, and to protect the interests of investors using brokerage services. Although the civil liability of investment firms offering brokerage services is part of what is broadly construed as investor protection, the regulations on this matter have been left to the member states’ discretion. There is no doubt that discrepancies between member states in this respect diminish the harmonising effect of both directives. This paper sets out to determine the basic rules of civil liability of asset managers in Polish law, and present suggestions for the most common problems in this field.

Specificity of Liability based on the Status of the Participants of Legal Relations

From the standpoint of the consistency of the civil law reform, the article compares the rules of civil liability and the legal status of participants of civil relations. The author identifies and illustrates peculiarities of liability that depend on the legal status within the detor-creditor relation. Within business relations, the article considers complex interests, the right to reduce the penalty for the breach of an obligation by an entrepreneur, limitations of liability of an entrepreneur concerning the ways to secure fulfillment of obligations, limitation of opportunities to declare void the contract associated with the business activity of parties to this contract. The author identifies the specificity of the contractor's liability before the consumer under the non-gratuitous contract in consumer protection legislation. The author considers distinctive features of a penalty under the contractual system legislation with regard to the state (municipal) customer and supplier (contractor, executor). The author analyzes and systematizes changes in law concerning liability and associated with the specificity of a legal status of legal entities. The paper identifies the problems for the legal Institution of liability, tendencies to recognize a body of a legal entity as a quasi-capable. The author considers selected issues of interrelation and distribution of liability between legal entities, their organs and members of the organs of legal entities in internal relations and in transactions with other persons. As a result, the author reveals specificity and tendencies in the development of the institution of civil liability in accordance with participants involved. Changes in the legislation on civil liability associated with the specificity of a legal status of legal entities are in fact conditioned by the new version of Chapter 4 of the Civil Code and the extending application of general provisions to the obligations to claim that arise from corporate relations. In inside relations, a member of the body of the legal entity is liable directly to the organization. In other relations, where the legal entity itself acts externally, first, the organization undertakes adverse effects and then, in recourse, the organization can recover its losses from a member of the organ of the legal entity. Keywords: debtor, contract system, corporate attitude, creditor, penalty, obligation, body of a legal entity, liability, consumer rights, business relations, principle of equality, complex interests, legal entity.

Innovation in Healthcare, Innovation in Law: Does the Law Support Interprofessional Collaboration in Canadian Health Systems?

Interprofessional collaboration in healthcare describes a model of practice where multiple health professionals work together in a team-based approach to patient care. A growing body of literature demonstrates that interprofessional collaboration advances healthcare quality and safety, improves patient outcomes and experiences of care, and promotes job satisfaction among health professionals. Governments and health organisations across Canada are working to advance interprofessional healthcare delivery. This paper examines the importance of law in supporting a shift to interprofessional collaboration in Canadian healthcare and discusses two key aspects of the legal context in which health practitioners work. First, the paper discusses trends in the legal regulation of health professions in Canada, including law reform initiatives aimed at promoting collaborative practice and expanding scopes of practice to break down the historically siloed approach to healthcare delivery. Second, the papers examines civil liability rules that courts apply when allegations of negligence are made against health care providers working in team-based situations. New legislative models that provide for expanded and overlapping scopes of practice, and which introduce new professional roles into the health workforce, may raise legal concerns regarding responsibility for patient care and outcomes. The paper illustrates how legal innovations, such as new models of health profession regulation, and legal adaptability, through judicial understanding of the modern context of health service delivery, are important to the advancement of interprofessional collaboration in Canadian healthcare.

EL RÉGIMEN DE EXENCIÓN DE RESPONSABILIDAD DE LOS ISP POR INFRACCIONES DE PROPIEDAD INTELECTUAL EN EL TLC COLOMBIAESTADOS UNIDOS: UNA EXPLICACIÓN A PARTIR DE LA DMCA Y LA DCE

El presente artículo tiene como objetivo examinar los regímenes deexención de responsabilidad de los prestadores de servicios de internet(ISP, por sus siglas en inglés) que desde hace poco ofrece el derecho comparadopara luego visualizar en el régimen del TLC Colombia-EstadosUnidos los aspectos fundamentales que en esta regulación se ponen máso menos en línea con los regímenes examinados, de lo que se desprendela influencia foránea para una reglamentación en Colombia sobre lasposibilidades de exención de responsabilidad de los ISP y el espacioque resta para su responsabilidad a la luz de las normas generales de laresponsabilidad civil.