Legal Liability System Research Articles

The Right of Privacy and Freedom of the Press: The Concept of Legal Justice in Indonesia

This study aims to describe the problems faced by the party who feels aggrieved or impaired by his personal rights due to media coverage. The dilemma arises because based on the legal system of the press, the media are given protection from lawsuits. This is to guarantee the position of freedom of the press in a democratic system. However, the impact that has been caused due to defamation cannot be resolved simply by using the right of reply. This study aims to explore how legal mechanisms provide justice for victims due to media behavior in line with the principle of press freedom in Indonesia. The results show that the Indonesian Press Law does not have a clear system of legal liability. The rule of conduct in the Press Law is absolutely not regulated. Thus, the right of reply that is contained in the media consciousness or "order" of the Press Council is not a binding and final decision because the Press Council's body only gives an opinion. Violation of the ethics of the press should not only have a moral sanction but also a legal sanction with all its consequences.

System of legal liability as object of scientific research

System of legal liability as object of scientific research

The role of the Occupational Court of Latvian Medical Association in the system of legal liability of medical practitioners

The articleThe Role of the Occupational Court of Latvian Medical Association in the System of Legal Liability of Medical Practitionersdescribes the system of professional liability of medical practitioners, analyzing in details one of the institutions, which ensures professional liability of doctors and dentists – the Occupational Court of Latvian Medical Association. The article characterizes the position and role of the Occupational Court in the system of legal liability of medical practitioners, researches legal regulation for operations of the Occupational Court, the essence of the Occupational Court proceedings and the legal nature of decisions made in the Occupational Court. The article identifies potential problems in operations of the Occupational Court, making proposals how to eliminate the problems found out. The authors offer to expand the competence of the Occupational Court in the future. The article also touches upon such problematic issues relating to legal liability of medical practitioners as doctor's errors and medical errors, causality, etc.

LMO 손해배상특별법제에서의 재정보증제도의 도입에 관한 연구

LMO 손해배상특별법제에서의 재정보증제도의 도입에 관한 연구

An Analysis of the Mechanism of Civil Servant’s Illegal Administration: Based on the Methodology of State Space Model

The principal-agent relationships exist between the administrative institutions and the civil servants as well as the administrative leaders and the civil servants when the administrative power is exercised. Given the condition that the assigned civil servants are fully equipped with the corresponding professional qualification, this paper analyses the constraints from the clients and agents in those two relationships inside the administration institution, then drawing the conclusion that the illegal administration of civil servants is largely influenced by their leaders’ judgment of the essence of the legislation. We, therefore, should increase the civil servants’ salary, improve the assessment and promotion system, strengthen the legal awareness and ability of administrative leaders and intensify the external administrative supervision and the right restriction. The illegal administration of civil servants refers to the violation of law and damage to the interests of the law-protected social relations when they are in the exercise of their power and in the performance of their duty. This would disrupt normal social order, pose a threat to the authority of the law, damage the public interests and government’s image as well as set a bad example for our people. Prevention on the occurrence of illegal administration is the continuing concern of the academic circle and related departments. The existing research is of great significance to the prevention of the violation of illegal administration since it mainly focuses on the formation, classification of responsibility and the construction of legal liability system of illegal administration. However, these studies seldom explore the mechanism of civil servants’ illegal administration from theoretical analysis, thus the countermeasure is weak. This paper attempts to apply the methodology of state space model into analyzing the mechanism of civil servants’ illegal administration in the exercise of administrative power so as to improve the responsible institution and reduce the occurrence of illegal administration.

Prothèse défectueuse : la responsabilité du chirurgien écartée par la Cour de cassation

It is in this atmosphere fuelled by the recent scandal of the PIP implants that the final court of appeal has given a judgment on July 12, 2012 which reorients the debate. While patients seeked a shared responsibility between the provider of the implants and the surgeon, in this case of faulty testicular implants, the final court of appeal just ruled out the responsibility of the surgeon. But this jurisprudence can only be applied to private law, i.e. for private healthcare whereas lawsuits filed against public hospitals depend on a different legal liability system.

Delivering Bad News: Market Responses to Negligence

AbstractOne of the goals of the legal liability system is to ensure that sellers provide appropriate care. Reputation effects may also deter negligence. The little available research evidence suggests that reputation effects are minimal, however. We develop a theory tailored to an environment, such as medicine, in which sellers are of heterogeneous quality and face two types of demand—private consumers who exhibit downward-sloping demand (for example, private health insurance) and government consumers who exhibit perfectly elastic demand at a fixed price (for example, Medicaid insurance). The theory predicts that high-quality sellers who suffer reputation losses will see their caseloads shift from private to government patients, while low-quality sellers will lose government patients and may gain private patients. Combining individual patient-level data from Florida for the years 1994–2003 with physician-level litigation data, we find evidence that physicians experience reputation effects that are consist...

The Death of Liability

Based on systems/strategic analysis, this paper predicts the complete failure of legal liability system. Liability is the system by which injured persons recover money damages from those who injure them. The system operates through the entry and enforcement of judgments by the courts. The paper argues that the system is vulnerable to defeat by a variety of judgment proofing techniques which can be categorized as secured debt strategies, ownership strategies, exemption strategies, and foreign haven strategies. Computerization has recently brought about dramatic reductions in the costs of pursuing these strategies, making them cost effective for more potential defendants. As use spreads, the cultural and political barriers to judgment proofing will decline, leading to wider use of the techniques and ultimately to system failure. The paper examines a variety of strategies by which the system might respond, including shareholder unlimited liability, involuntary creditor priority, asset provider liability, enterprise liability, mandatory insurance, and financial responsibility laws. The paper concludes that judgment- proofing strategists will be able to overcome all of them.

The Death of Liability

Based on systems/strategic analysis, this paper predicts the complete failure of legal liability system. Liability is the system by which injured persons recover money damages from those who injure them. The system operates through the entry and enforcement of judgments by the courts. The paper argues that the system is vulnerable to defeat by a variety of judgment proofing techniques which can be categorized as secured debt strategies, ownership strategies, exemption strategies, and foreign haven strategies. Computerization has recently brought about dramatic reductions in the costs of pursuing these strategies, making them cost effective for more potential defendants. As use spreads, the cultural and political barriers to judgment proofing will decline, leading to wider use of the techniques and ultimately to system failure. The paper examines a variety of strategies by which the system might respond, including shareholder unlimited liability, involuntary creditor priority, asset provider liability, enterprise liability, mandatory insurance, and financial responsibility laws. The paper concludes that judgment- proofing strategists will be able to overcome all of them.

Symposium on the Economics of Liability

Has the U.S. liability system run amok? Many commentators feel it has, as do many executives who feel that the liability “tax” discourages innovation and ultimately fails to promote safety. On the other hand, economists have ceaselessly pointed out that when one party is made liable for injury caused to another, an externality has been internalized. This symposium is intended to clarify just what economists know about the U.S. liability system: its worth as well as its flaws. The resulting picture is not a pretty one. Often liability is imposed on injurers as a means of compensating and insuring victims, despite the fact that such compensation and insurance could be accomplished much more effectively using direct accident insurance. Liability is an expensive means of providing compensation, since the legal liability system involves large transaction costs, mainly in the form of litigation expenses. Overall, America's institutions for assigning liability are poorly designed to promote economic efficiency.