Liability System Research Articles

ANÁLISE DOS PRESSUPOSTOS DA RESPONSABILIDADE CIVIL DOS BANCOS NOS CONTRATOS DE VENDAS CASADAS

This paper explores the concept of moral and material damages, highlighting their compensatory, punitive and preventive functions, with a focus on the application of the law in cases of defective services in the Brazilian legal context, especially in the Small Claims Courts of Amazonas. It analyzes the historical development of consumer law and the role of Small Claims Courts in promoting swift and accessible justice, highlighting the importance of the principles of transparency, objective good faith and equity in consumer relations. The research uses a doctrinal and jurisprudential approach to demonstrate the effectiveness of tied selling as a tool to curb harmful practices and relieve the burden on the judicial system, promoting a fairer and more responsible business environment. It is concluded that the rigorous application of punitive damages contributes significantly to the protection of consumer rights, strengthening the civil liability system and social justice in Brazil.

The Legal Nature of the Director’s Liability for the Harm Caused to a Business Company

Introduction: the article analyzes the legal nature of the director’s liability for business company harm. The Russian and foreign doctrinal sources, legislation, and law enforcement practices are investigated. Purpose: to analyze the legal nature of the director’s liability for business company harm and to determine the place of this liability in the system of civil liability in Russian law. Methods: the methodological framework for the study is based on the methods of scientific cognition, in particular the methods of consistency, analysis, and comparative law. Results: the legal nature of the director’s liability for business company harm is determined. Conclusions: business company harm by the behavior of its director is one of the special torts. There are no grounds in Russian law to identify independent corporate liability.

The Construction and Enlightenment of the Legal Liability System of the Swedish Environmental Code

本研究旨在通过梳理《瑞典环境法典》法律责任制度编撰背景、发展特征、责任内容，分析展现瑞典环境法律中的责任制度的建设样貌，并在此基础上探索我国生态环境法律责任制度的构建路径。通过文献资料分析法，立足于实现可持续发展的价值目标，对现有的生态环境责任进行梳理，构建集中式的行政责任、二分式的民事责任，同时跨法典建构刑事责任，以构筑生态环境责任制度体系的合理方案，为探索适合我国生态环境法典编纂提供助力。

A IMPERATIVIDADE DA TEORIA DO DESESTÍMULO EM SERVIÇOS DEFEITUOSOS: UMA ANÁLISE DA JURISPRUDÊNCIA DAS TURMAS RECURSAIS DO JUIZADO ESPECIAL CÍVEL DO ESTADO DO AMAZONAS

The paper explores the concept of moral damage, highlighting its compensatory, punitive, and preventive functions, with a focus on the application of the deterrence theory in cases of defective services within the Brazilian legal context, particularly in the Special Civil and Criminal Courts of Amazonas. It analyzes the historical development of consumer rights and the role of Special Courts in promoting swift and accessible justice, emphasizing the importance of transparency, good faith, and equity principles in consumer relations. The research employs a doctrinal and jurisprudential approach to demonstrate the effectiveness of deterrence theory as a tool to curb harmful practices and alleviate the judicial system, fostering a fairer and more responsible business environment. The study concludes that the strict application of punitive damages significantly contributes to the protection of consumer rights, strengthening the civil liability system and social justice in Brazil.

THE ISSUES OF LEGAL LIABILITY IN TRANSFER RELATIONS

A transfer contract is a specific type of legal contract, which can be regulated not only by civil law but also by the corporate rules of sports federations. The regulation of transfer contracts in football is particularly relevant, as the Russian Football Union (RFU) regulates each stage of transfer relations in detail. Specifically, the RFU Regulations establish sanctions for violating the procedure of athlete transfer. These sanctions can be applied to both sports clubs and athletes. At the same time, the legal nature of these sanctions remains ambiguous, as the RFU is not a governmental body authorized to hold individuals legally liable. Nevertheless, the doctrine often highlights the concept of sports liability as a unique type of liability because the RFU has the authority to hold individuals liable under this type of liability. In addition to sports liability, the possibility of holding participants in transfer relations liable under civil law remains debatable. On the one hand, a transfer contract is a civil law agreement and, accordingly, the general provisions of the Civil Code of the Russian Federation on obligations should apply to it. On the other hand, questions arise about the possibility of combining civil sanctions with sports sanctions and about the possibility of considering civil liability prior to sports liability. In this article, the authors answered the above questions and structured the liability systems in transfer relations. Conclusions were made about situations in which sports or civil liability is applied, as well as about the possibility of applying both types of liability for a single violation by a sports club or a football player.

China’s Legal Practices Concerning Challenges of Artificial General Intelligence

The artificial general intelligence (AGI) industry, represented by ChatGPT, has impacted social order during its development, and also brought various risks and challenges, such as ethical concerns in science and technology, attribution of liability, intellectual property monopolies, data security, and algorithm manipulation. The development of AI is currently facing a crisis of trust. Therefore, the governance of the AGI industry must be prioritized, and the opportunity for the implementation of the Interim Administrative Measures for Generative Artificial Intelligence Services should be taken. It is necessary to enhance the norms for the supervision and management of scientific and technological ethics within the framework of the rule of law. Additionally, it is also essential to continuously improve the regulatory system for liability, balance the dual values of fair competition and innovation encouragement, and strengthen data-security protection systems in the field of AI. All of these will enable coordinated governance across multiple domains, stakeholders, systems, and tools.

RECONSTRUCTION OF CRIMINAL SANCTIONS FOR PERPETRATORS OF BUSINESS CRIMES

<em>The development of criminal liability in Law Number 1 of 2023 concerning the Criminal Code differentiates in detail the form of liability for individual legal subjects with legal entities. The regulation specifically for criminal liability for legal subjects in the form of legal entities (corporations) is contained in paragraph 3 of Article 45 to Article 50 of Law Number 1 of 2023 concerning the Criminal Code. As the principle of the case before the law, the new Criminal Code in terms of law enforcement against legal subjects in the form of corporations also adheres to the reasons for the elimination of criminal penalties (justification and excuse) as contained in Article 50 which states that in essence justification and excuse apply in the corporate criminal liability system as long as the reasons are directly related to the criminal act being prosecuted</em>

Constitutional and legal responsibility of state bodies and senior officials

Kyrgyzstan, with increased political activity and dynamic changes in the governance system, faces problems with the constitutional and legal responsibility of state bodies and their officials, which require the development of effective forms of governance for sustainable strategic development to address them. Therefore, the study aimed to identify problematic aspects of constitutional and legal responsibility in Kyrgyzstan. Statistical analysis, formal logical and comparative methods, and legal and comparative methods were used in the study. The main problems in the system of constitutional and legal liability in Kyrgyzstan were identified, which include insufficient clarity and application of regulations, incomplete implementation of mechanisms for supervision and control over the activities of state bodies and their officials, and limited access of citizens to judicial protection in cases of violation of their constitutional rights. In addition, the study identified problems in the court practice of considering cases of constitutional and legal liability, including delays in the process of consideration and insufficient effectiveness of the measures taken. Based on these findings, specific recommendations were developed containing proposals for improving the legislation, namely, defining the mechanisms of constitutional and legal liability and eliminating contradictions in regulations, strengthening verification mechanisms and mandatory introduction of a reporting system, expanding the possibility of going to court, including reducing barriers to access to legal aid. Thus, the practical significance of this study is that its findings provide a basis for the development of specific measures and reforms aimed at improving the system of constitutional and legal liability in Kyrgyzstan and ensuring the protection of the constitutional rights of citizens

Pertanggungjawaban Pidana bagi Pelaku Pencemaran Lingkungan Perspektif Fikih Jinayah

This study aims to identify and analyze the strengths and weaknesses of the criminal liability system in environmental law and evaluate how Islamic jurisprudence can offer alternative or additional solutions to address environmental pollution problems. This study uses an empirical legal research method with qualitative procedures. The results of the study indicate that the act is considered to violate Islamic jurisprudence and environmental regulations in Indonesia, as shown in the findings. However, law enforcement still has obstacles related to evidence collection and time constraints that must be overcome in order to effectively pursue individuals or groups responsible for environmental damage. Therefore, to ensure environmental sustainability, it is important for the government to actively participate, for law enforcement to achieve effectiveness, and for business entities and the community to be aware of their obligations and be responsible for their behavior.

Product liability in modern conditions: European reform experience

At the end of September 2022, the European Commission presented two notable documents designed to fundamentally change the current system of product liability in Europe. In part, these projects were a response to the challenges posed by digitalization and modern technology. The first document is designed to regulate liability for harm caused by artificial intelligence systems, while the second is aimed at adapting the EU Council Directive of July 25, 1985 No. 85/374/EEC to contemporary conditions. The present article sets out to review the key developments in the field of product liability in Europe. To this end, a review of the existing system of product liability in Europe is carried out. The existing product liability system is comprised of two parts: norms enshrined in national laws, as well as harmonized liability under the EU Council Directive of July 25, 1985 No. 85/374/EEC 1985. However, there is no consensus in European doctrine and practice regarding the regime of harmonized liability. While on the one hand, this regime is based on the idea of strict liability, on the other hand, there is also a reasoned opinion that the Directive factually establishes a regime of liability based on fault. On the example of German law, it is revealed that, despite the strict liability regime approved by special law, courts often focus in practice on a manufacturer’s breach of the duty of care, which once again testifies to liability based on fault. Possible factors behind the decision on the part of the European regulator to reform the existing liability system include: the increasing complexity of the goods themselves; the expansion of intermediary chains and emergence of new potential subjects of liability, including owners of aggregators; difficulties in proving the existence of a product defect and a causal link between such a defect and the resulting harm; the concept of harm in the digital age and the special role of data; providers’ liability for goods equipped with artificial intelligence technology.

Next Generation EU Product Liability – For Digital and Other Products

Abstract The new Directive on Product Liability is hard to overestimate, as it is nothing less than a complete overhaul of the 1985 Product Liability Directive (PLD), which still lies at the heart of EU tort law. One focus of the reform act is the challenge posed by digital transformation. To accommodate the new category of digital devices, the concept of product is widened so as to include software and related services, and the strict ex ante perspective for the finding of product defect is attenuated to account for continued control of the manufacturer post-marketing. Further to broadening the scope of application, the protective perimeter of the Directive is expanded, namely to include data used for private purposes. The second focus of the reform act, of at least equal importance, are changes to the liability regime for products of any kind, regardless of their digital nature or elements. Thus, e-commerce intermediaries such as platforms are ushered into the scope of the Directive as new defendants, alongside manufacturers, importers, and distributors. With a view to quantum, the € 500 retention for property damage had to go, together with the authority of the Member States to impose a cap on liability under the Directive. Unfortunately, there was no time to revisit the foundations of product liability. Thus, the new Directive holds on to the consumer protection gospel of product liability and excludes commercial property from the scope of protection, even though there is no good reason to discriminate against business interests. As before, national law must and will step in to fill in the gaps in Union law, perpetuating the double-track liability systems that the 1985 Directive helped to create.

Reform of Criminal Liability by Traffic Violators Resulting in Victim Fatality

The purpose of this study is to analyze the system of criminal liability for traffic offenders resulting in fatalities and propose reforms to improve fairness and effectiveness in handling such cases. The study discusses the system of criminal liability for traffic offenders resulting in fatalities, and reforms that can be made to improve fairness and effectiveness in handling such cases. Through a review of existing regulations and an analysis of common issues in case handling, this study shows that the sanctions stipulated in the Road Traffic and Transportation Law (Law LLAJ) have not been able to provide an adequate deterrent effect for violators. In addition, inconsistent and unprofessional law enforcement also hampers the creation of an effective legal system. Therefore, reforms in the criminal liability system are necessary, including changes in the provision of more severe and strict sanctions, increased consistent law enforcement, and efforts to raise public awareness of the importance of compliance with traffic regulations.

MATERIJALNI NEDOSTACI KOD KUPOPRODAJE STOKE U REŽIMU OGZ-a

This article is an analysis of the liability for defects in the sale of cattle during the application of the ABGB in Croatia. It analyses the foundations of the system in Roman law and provides an overview of the contemporary Croatian approach to the matter. In Croatian regions, ABGB has been applied for a relatively long period, and the analysis is based on the available case law from that period. In Roman law, the sale of cattle was essential to the creation of general rules for liability for defects, and ABGB set particular rules for the liability of defects in the sale of cattle. Generally, in the sale of livestock, there is an obvious problem regarding many potential latent defects (especially diseases, in Roman law morbus), so this area was historically quite relevant for the system of liability for defects. The article first deals with liability for eviction and for defects in the system of the ABGB (Gewährleistung). It then addresses the liability for defects according to the original text of the ABGB and compares it with the corresponding system in Roman law. The analysis of the liability for defects in the sale of cattle in the ABGB system is done with a special emphasis on the relevant case law of that time. Finally, there is a short overview of the contemporary Croatian approach to the matter.

Problems and Effective Countermeasures in Joint and Several Liability of Civil and Commercial Law Based on Deep Learning Assessment

With the rapid development of my country’s socialist market economy, the system of joint and several liability has been established in my country’s civil and commercial law and is playing an increasingly important role. There are also problems such as scattered regulations and contradictory laws and regulations at the level. Since there is no unified application principle established in judicial practice, the litigation burden caused by the recovery lawsuit also wastes a lot of trial resources. Dimensional key features distinguish confusing charges. Use regular expression technology to extract key content such as fact descriptions, defendants’ charges, relevant laws and regulations in legal documents and create JSON format documents; use stammer word segmentation and stop word list to remove stop words; use Word2Vec algorithm to represent text into vector form , establish a judicial judgment prediction model and an optimization model, and through experimental comparison, it is concluded that the performance of the model after adding focal loss is improved by 1.82%, 0.45%, 1.62%, and 1.62% compared with the cross entropy loss, and the final accuracy of the optimized model is 84.78%. , the precision rate is 87%, the recall rate is 85%, and the F1 value is 85%. The system is expected to assist judicial workers in classifying crimes with joint liability and reduce the burden of judicial workers reading many legal documents to classify crimes.

Exploration on the Legal Application of Punitive Damage System for Tort of Ecological Environment Damage–Taking Article 1232 of the Civil Code as an Entry Point

The rule of law for the ecological environment is in rapid development, and article 1232 of the Civil Code establishes the system of punitive damages applicable to the ecological environment, which is a significant development of China’s environmental tort liability system. However, the basis for the construction of the system of punitive damages and the ambiguity of the legal provisions themselves bring uncertainty in the application of the law. From the legislative purpose, the background of the legal system for a deep understanding of the function and characteristics of the punitive damages system, and then clarify the basis of the right to claim the qualification of the subject of the application. Through the existing legal provisions and empirical statistical data, the contradictions of the ecological environment infringement compensation system are solved, and the gap in the calculation standard of punitive damages is made up. Finally, from the liability system as a whole, to promote the ecological environment damage tort liability into the overall liability system to consider, in order to realize the punitive damages system responsibility for comprehensive, rationalization of the system to provide the basis.

Civil Liability of Intermediaries in False Statements of Securities

Securities intermediaries such as sponsors, accounting firms, law firms and asset credit assessment agencies are important components of the capital market. In recent years, securities misrepresentation cases have occurred frequently, and securities intermediaries have been more or less identified as having certain faults and bearing corresponding civil liabilities. The judgment of some of these cases has caused a lot of disputes and discussions, which exposes the inadequacy of the law on the civil liability of securities intermediary agencies for false statements, which brings a lot of trouble to the securities market and judicial practice. This paper takes the civil liability system of securities intermediaries for false statements as the research object, adopts normative analysis method, case study method and comparative study method to sort out the legal system and judicial status quo of securities intermediaries for civil liability of false statements, finds and demonstrates the existing difficulties, and tries to put forward corresponding improvement paths.

Legal liability of mediators

The aim of the research is to identify possible gaps in the regulation of the legal liability of mediators and parties to the mediation process. The research methodology involved the use of dialectical, formal-legal, and comparative legal methods, as well as techniques of analysis and synthesis, deduction and induction, philosophical laws of unity and struggle of opposites, denial of negation, and others. In the main content, the legal liability of mediators is analyzed from the perspective of its positive and negative components, and the legal character of various manifestations of the legal liability of mediators and their place in the modern system of legal liability is identified. Significant attention is paid to the positive liability of mediators and its legal character is justified. In conclusion it is clarified that the institution of mediation as a whole and the legal liability of mediators in Russia are in the process of formation. It is proven that the legal liability of mediators has a public-law rather than a private-law character. Legal gaps in the regulation of the legal liability of mediators, as well as other parties to the mediation process, are identified, and ways to eliminate them are proposed.

Artificial Intelligence Systems and Medical Negligence: An Overview and Perspective of a Case Study in Ghana Civil Procedure Rules, 2004 (C.I. 47)

Objective: This article discusses the evidentiary requirements for demonstrating scientific negligence under Ghana’s Civil Procedure Rules 2004 (C.I. 47) in the context of emerging artificial intelligence (AI) diagnostic and treatment structures.Method: Legal analysis examines gaps in satisfying burden of proof and standards of evidence, obstacles that restrict evidence collection on AI device deficiencies, and suggestions for adapting legal responsibility policies to AI’s technical opacity.Findings: The present inability to interrogate algorithms, limited access to proprietary training data and methods, lack of diagnosed standards of care for software-based decision-makers, and shortage of qualified professional witnesses pose massive evidentiary challenges for plaintiffs seeking to confirm AI negligence.Conclusions/Recommendations: Standards strengthening algorithmic transparency, auditability, and explainability could ease evidentiary burdens for affected patients. Strict liability schemes and IP protections balancing public safety and innovation aims need to be considered moving forward.Scientific Contributions: This work adapts traditional medical liability systems to today’s realities of increasing reliance on AI in health care and proposes several improvements.

자율주행자동차 상용화에 대비한 자동차보험제도 연구

On May 7, 2016, in the state of Florida, USA, a fatal accident occurred involving an autonomous vehicle and a large truck, leading to the death of the driver. This incident heightened interest in autonomous vehicles and sparked discussions on their implications, including the challenges and liability issues in the event of accidents during autonomous operation. The application of existing legal frameworks, such as Article 750 of the Civil Code on tort liability and Article 3 of the Automobile Damage Compensation Guarantee Act on operator liability, to accidents involving autonomous vehicles raises questions about identifying responsible parties and compensating victims. This study examines the applicability of these legal principles to accidents occurring during autonomous driving and proposes the introduction of a No-Fault insurance system as a novel automotive insurance mechanism to address these issues. The analysis revealed that the No-Fault insurance system, a solution to the problems posed by the current fault-based liability system and already implemented in several advanced countries since the early 2000s, was considered but ultimately not adopted in South Korea due to challenges in amending existing legislation, limitations in calculating insurance rates, and concerns over moral hazard, among other issues. However, as autonomous vehicles are poised to integrate into our lives more rapidly than anticipated, and the social concerns regarding traffic accidents during autonomous operation deepen, it is imperative to form a task force comprising the Ministry of Land, Infrastructure, and Transport, the Financial Supervisory Service, the General Insurance Association, among others, before it's too late. This task force should engage in research and discussions, while building a consensus among the public, to prepare for the new automotive market driven by the autonomous vehicle industry.

The concept of rationalising damage and the scope of insurer’s liability

The concept of indirect violation of rights and interestsholds an important place in the system of liability for damages.Therefore, the analysis of that subject matter should focus not on whether the damage is compensable but on the basis and extent of compensation.The diversity of events that may give rise to an “indirect damage” does not make it easy to identify its prerequisites. On top of that, the actions taken do not go in pair with harmonisation of terminology and do not lead to the introduction of one consistent liability model. An answer to the doubts arising in context of compensating for “indirect damage” is the concept of rationalising damage. It covers a set of directives that serve to determine if a given detriment qualifies as “indirect damage” and if a given person is an indirect victim. Not all violations are compensable, but only violations to legally protected interests. As a result, compensation does not cover all inconveniences, or inconveniences forming a part of risk associated with everyday life. Determination of the scope of compensating for indirect damage has a significant impact on the scope of liability of the insurer.This is the case as the model of compensation for indirect violations should be “economically efficient. Keywords