A new sanction in the protection of personality rights

Slides:

Advertisements

Similar presentations

What You’ll Learn How to define negligence (p. 88)

Advertisements

4Chapter SECTION OPENER / CLOSER: INSERT BOOK COVER ART Negligence and Strict Liability Section 4.2.

Mg.iur. Jānis Kubilis PhD Student (University of Latvia) Attorney at Magnusson Law Firm 19 May 2014.

Business Law Tort Law.

Chapter 18: Torts A Civil Wrong

Tort Law Part 2 Negligence and Liability. Negligence Most common tort Accidental or Unintentional Tort Failure to show a degree of care that a “reasonable”

Chapter 3 Tort Law.

© 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license.

Jurisdictional issues in liability insurance Presented by Silvan A. Said Gulf Insurance Institute.

Liability and Procedure in European Antitrust Law The EU Damages Directive Does the European Union overstep the mark again?

Business Law. Why might a simple act of carelessness result in legal action?

CIVIL & CRIMINAL LIABILITY Staff Development Emergency Operations Volunteer Training Legal Issues:

Tort Law – Unintentional torts

Torts and Cyber Torts Chapter 4.

Legal Liability. Civil Liability n Need to prove: –Liability? (auditor at fault) –Causation? (failure of audit caused damage) –Damages? (amount of loss)

 A body of rights, obligations, and remedies that is applied by courts in civil proceedings to provide relief for persons who have suffered harm from.

Managing Fire Safety Arguments For Fire Management MoralMoral: ethical and responsible behaviour FinancialFinancial: costs of injuries and ill- health.

Copyright © 2004 by Prentice-Hall. All rights reserved. © 2007 Prentice Hall, Business Law, sixth edition, Henry R. Cheeseman Chapter 5 Intentional Torts.

Copyright © 2004 by Nelson, a division of Thomson Canada Limited CANADIAN BUSINESS AND THE LAW Second Edition by Dorothy Duplessis Steven Enman Shannon.

By : Lillie Gray 1 st period Business Law Exam.  Crime- an offense against the public at large, which is therefore punishable by the government.  Tort-

4Chapter SECTION OPENER / CLOSER: INSERT BOOK COVER ART Intentional Torts Section 4.1.

LAW OF TORT Overview. Objective To place the law of tort in context In world legal systems In UK law.

LECTURE 4 Theme: Fundamentals of criminal law.. PLAN 1. Criminal law. 2. Criminal law history. Criminal sanctions. 3. Criminal law in different countries.

Topic 8 “Responsibility and Protection of Taxpayers’ Rights” 1. Financial responsibility for violation of tax legislation 2. Criminal liability of taxpayers.

Trademark II Infringement. Article 57 Infringement Article 57 Any of the following conduct shall be an infringement upon the right to exclusively use.

Chinese Tort Law: Theory and Practice Rui Liu associate professor Chinese Academy of Governance , (U.S)

B u d a p e s t i Ü g y v é d i K a m a r a A l a p í t v a: Solatium doloris from the point of view of lawyer’s liability insurance in Hungary.

Chapter 4 Classification of the Law. 2 Substantive and Procedural Law o Substantive Law o Defines our legal rights and duties o e.g. we have a duty to.

Liability and Redress: Overview and General Comments Asia Regional Workshop on the Cartagena Protocol on Biosafety September 7-8, 2010 Daewoo Hotel, Hanoi,

Chapter 4 Section 2 Negligence and Strict Liability.

Unit 6 – Civil Law.

PURPOSES SEC. 3 [42 U.S.C note] The purposes of this Act are- (1) to provide appropriate remedies for intentional discrimination and unlawful harassment.

CRIMINAL LAW SUMMER 2011 TA SESSION NOTES Chapter 1 Punishment and Its Rationales.

HANDLING OF ADMINISTRATIVE VIOLATIONS OF LAW ON ENVIRONMENT IN VIETNAM

2 TORT Means“Wrong” 3 TORT A violation of a duty imposed by civil law.

Along ewith the ethical imperatives involved with Duty to Warn, duty to protect, duty to report, there are legal mandates that address most types of abuse.

Chapter 20 Negligence. The failure to exercise a reasonable amount of care in either doing or not doing something resulting in harm or injury.

“Show me the Money!!” The Judgment: Damages & Other Compensations.

1.  why would someone take legal action? —  what would you hope to gain from doing so? 1. protecting ones rights, 2. ensuring that a contract is performed.

Chapter 09 Negligence and Strict Liability Copyright © 2012 by The McGraw-Hill Companies, Inc. All rights reserved. McGraw-Hill/Irwin.

Torts Chapter 6. Basis of Tort Law What is a Tort? –A tort is a civil injury designed to provide a remedy (damages) for injury to a protected interest.

Torts and other legal wrongs Faculty of law Lecture two.

Road Accident Fund Amendment Bill, 2004 Comments by the South African Medical Association (SAMA) Presented by: Dr J. Van Zyl.

4Chapter SECTION OPENER / CLOSER: INSERT BOOK COVER ART Intentional Torts Section 4.1.

Intentional Torts Chapter 19. Types of Damages Compensatory Damages- money awarded to compensate for monetary loss and pain and suffering Nominal Damages-

Chapter 20. Conduct that falls below the standard established by law for protecting others against unreasonable risks of harm Surgeon forgets to remove.

03 THE LAW OF TORTS WEEK 1 Professor Sam Blay. THE LECTURE STRUCTURE  Texts  Definition, aims and scope of law of torts  Intentional torts.

4Chapter SECTION OPENER / CLOSER: INSERT BOOK COVER ART Negligence and Strict Liability Section 4.2.

Campus Wide Safety Committee Initial Meeting 11/9/16

Law-Related Ch Notes I. Torts: 1. A tort is a civil wrong.

Chapter 6-1 Lesson Objectives

Torts and Cyber Torts Chapter 5.2.

THE CASE OF THE MISSING SHOES

Civil Law Camille OGEREAU

Theories of Tort Law.

EFOP EVALUATING THE LIABILITY OF ROAD CARRIERS IN HUNGARIAN LAW WITH RESPECT TO INTERNATIONAL TENDENCIES dr. andrás szegedi ph.d associate.

Introduction to Torts: Civil Law

Essentials of the legal environment today, 5e

LEGAL ASPECTS OF BUSINESS

Chapter 6-1 Lesson Objectives

Sara Landini Professor of Private Law and Insurance Law

Regulating supply chains

Section Outline Unintentional Torts Negligence Strict Liability

Negligence Ms. Weigl.

Lesson 6-1 Civil Law (Tort Law).

Chapter 6-3 Lesson Objectives

Fines, Sanctions and Compensation The teeth in the GDPR & Data Protection Act 2018 by Simon McGarr, CIPP/E Data Compliance Europe.

are presumed innocent until proven guilty”

Civil Law 3.4 negligence.

Presentation transcript:

A new sanction in the protection of personality rights Solatium Doloris A new sanction in the protection of personality rights

New Hungarian Civil Code Renamed - replaced

Definition of solatium doloris “Any person whose rights relating to personality had been violated shall be entitled to solatium doloris for any non-material violation suffered” Novelties: new terminology new place in the structure of the Code new reference point: “non- material violation”

Conditions of solatium doloris Infringement of personality rights (exemplifying list - no change) Rules on liability are applicable - no new liability regime! Apart from the fact of the infringement no other harm has to be verified for entitlement

Previously - damages for non-pecuniary loss Evolution or creation? Previously - damages for non-pecuniary loss

Achievements of ‘former’ judicial practice (21st century) Identifying harm is the center element Enrichment of list on personality rights Easement on burden of proof: commonly known facts (selective approach)!

Functions of solatium doloris “A pinch of penal law under private law”

What are the objectives? Compensation (damages) Solace for loss of enjoyment of life (California - wide frames) Private law punishment (?!?) Satisfaction

Punitive damages in the United States Great risk potential Reckless and wanton conduct ‘Make it hurt!’ Exceptional and limited State Farm v. BMW (9:1) Baker v. Exxon (1:1)

Sorting out petty claims Automatic or selective practice?

Varieties on one theme Small amounts - time factor + “man of principles” 0 HUF (???) - monetary sanction “Seriousness requirement” clause and its filters (objective, subjective) Grade of ‘fault’ (entitlement?) - USA

Amounts Pricing the invisible

Circumstances can (shall) be taken into account Gravity of the infringement (behavior + accidental harm) Degree of responsibility (Penal Code definitions!) Impact on the aggrieved party and his environment (including claims of ‘relatives’?) It was committed on one or more occasions (???)

Linking causation tight Secondary victims Linking causation tight

Primary and secondary victims Opportunity for opening - identifying personality right is essential Blood, kinship, legal connection Emotional link (UK)

Transferable practice? Prognosis Transferable practice?

Expected effects of solatium doloris Increased number of claims ‘Fine tuning’ in judicial practice Integration of ‘soft’ personality rights - protection of privacy Probably unchanged amounts: infringements against bodily integrity and health Loss of ‘privilege to pay in installments’: one sum

Thanks for your attention! Dr. Tamás Fézer, PhD Associate Professor of Law University of Debrecen Faculty of Law fezer.tamas@law.unideb.hu