Search results for " Liability"
showing 10 items of 127 documents
Focus on Liability of Residences for Elderly and Sick People: A Case Series and Medico-Legal Issues
2023
Residences for elderly and sick people, self-sufficient or dependent, are varied. To date, the liability profiles of these structures are not clearly delineated, and increasingly often, their operating and organization criteria are entrusted to subnational, regional, or local regulations. Among the various deficits, there is the keeping of a complete and detailed documentation/diary of the patient, the lack of which can generate medico-legal problems. In this paper, we present three cases of guests in residences for a dependent person brought to the attention of the Institute of Forensic Medicine of the University Hospital of Palermo due to criminal proceedings, where the lack of existing d…
Vicarious liability for the carrier by river ?
2007
AbstractA case-study of a litigation during the years 1566–1574 between merchants from Oudenaarde and the Corporation of Free Shippers in Ghent shows that the corporation's liability for damage caused by one of its members was controversial. Although art. 20 of the ordinance of 14 February 1541 appeared to phrase the corporation's vicarious or subsidiary liability in general terms, the corporation's counsel, assisted by consultancies from a.o. E. Leoninus and J. Wamesius, successfully argued that in the light of the ordinance's rationale, which limited the free shippers' privileges in the aftermath of Charles V's punishment of Ghent in 1540, the corporation's liability had correspondingly t…
El resarcimiento del daño moral en España por las intromisiones ilegítimas en la intimidad del otro cónyuge
2019
espanolResumen: El presente trabajo versa sobre el concreto aspecto de la responsabilidad civil en Espana derivada de las intromisiones ilegitimas en la intimidad del otro conyuge, y ello con independencia de que el resarcimiento del dano se otorgue en la jurisdiccion civil o penal, pues el articulo primero de la Ley Organica 1/1982, de 5 de mayo, de proteccion civil del derecho al honor, a la intimidad personal y familiar y a la propia imagen, establece que sus criterios seran igualmente aplicables para la determinacion de la responsabilidad civil del delito. EnglishAbstract: The present study sets out the concrete aspect of civil liability in Spain derived from unlawful interferences in t…
RECENSIONE A A.C. NAZZARO, DIRITTO ALL'IMMAGINE E LOGICHE DI MERCATO. PROFILI DI DIRITTO SPORTIVO
2012
LO SCRITTO DELLA NAZZARO SI SEGNALA PER UN'INTERESSANTE DISAMINA DEL TEMA DELLA TUTELA DELL'IMMAGINE SIA IN UNA PROSPETTIVA DI DIRITTO COMUNE, SIA NELLA PARTICOLARE PROSPETTIVA DEL DIRITTO SPORTIVO. AMBITO IN CUI IL DIRITTO ALL'IMMAGINE ASSUME CONNOTAZIONI AFFATTO PECULIARI. THE WRITING IS NOTED FOR CONSIDERATION OF AN INTERESTING TOPIC OF THE PROTECTION OF THE IMAGE IN A PERSPECTIVE OF COMMON LAW, AND IN PARTICULAR PERSPECTIVE OF SPORTS LAW. CONTEXT IN WHICH THE IMAGE HAS PECULIAR CONNOTATION
Asset and Liability Modelling for Participating Policies with Guarantee
2008
We study the problem of asset and liability management of participating insurance policies with guarantees. We develop a scenario optimization model for integrative asset and liability management, analyze the tradeoffs in structuring such policies, and study alternative choices in funding them. The nonlinearly constrained optimization model can be linearized through closed form solutions of the dynamic equations. Thus large-scale problems are solved with standard methods. We report on an empirical analysis of policies offered by Italian insurers. The optimized model results are in general agreement with current industry practices. However, some inefficiencies are identified and potential im…
A Synthetic View of Different Concepts of Creditor Protection - Or a High-Level Framework for Corporate Creditor Protection
2006
Protection of corporate creditors has become an important topic within the European Union. At EU level, discussion has been sparked by widespread dissatisfaction with some very rigid and cumbersome provisions, and even with the whole concept of the Second Company Law Directive. At EU Member State level, three landmark decisions by the European Court of Justice — Centros, Uberseering, and Inspire Art — opened the way for an all-out competition between the different company forms provided for by national company laws. At both levels, albeit for different reasons, British company law — and in particular the absence of any legal capital in the private limited company — acts as the main driving …
The prometeia model for managing insurance policies with guarantees
2008
Publisher Summary This chapter discusses the development of a scenario-based optimization model for asset and liability management for the participating policies with guarantees and bonus provisions offered by Italian insurers. The changing landscape of the financial services in Italy sets the backdrop for the development of this system which was the result of a multi-year collaborative effort between academic researchers, the research staff at Prometeia in Bologna, and end-users from diverse Italian insurers. It also presents and discusses the model and its key feature, and introduces several extensions. The resulting system allows the analysis of the tradeoffs facing an insurance firm in …
IoT Contracts. An Empirical Research
2015
An empirical research on the contracts used in the Internet of Things to point out the most relevant contractual issues and the main dangers for customers of IoT products. In my opinion, in the IoT the notion itself of product changes and therefore there will be a revival of the product liability regime, which from now on will apply not only to hardware, but also to software and service.
Legal Certainty as a Tool for the Spread of the Internet of Things
2015
- Internet of Things Law (issues and main regulations) - Actors - Contract Law - Nest use case - Product liability - Privacy and data protection
OSSERVAZIONI COMPARATISTICHE SULLA JUDICIAL LIABILITY IN ALCUNI ORDINAMENTI EUROPEI
2015
In recent years, the influence of European and international laws has led to an ever-increasing pressure against the immunization and protection from liability that the judiciary has so far enjoyed. Judges liability is therefore an expression of a fundamental and world-wide change in judicial structures. Exemplary in this context is the jurisprudence of the ECJ, affirming that the EU principle of State liability can also be applied to judicial wrongs; furthermore, the European Commission has, in the past, promulgated the notion that the infringement procedure may also pertain to acts of the judiciary. The connection between public international law and liability of the judiciary becomes eve…