Leopold Skoruša, Ondřej Horák, Radim Vičar and Tomáš Zbořil
between the breach of legal duties and the occurrence of damage. To claim compensation, all these assumptions must be performed at the same time; if any of these are missing, the claim shall not arise. The state is obliged to compensate the soldier not only for the damage caused by the breach of his duty but also for the damage caused to him by another entity (another soldier or another person).
Compensation for the loss of salary for a period of inability to perform their duties
In order to preserve the principle of compensation for actual damage sustained as a
The contemporary legal landscape in Southern Africa and its responsiveness to the challenges in the region can be explained in many ways. Part of the explanation has been the idea of legal transplants—which entails borrowing and adapting legal norms, and structures from different legal systems in order to resolve legal problems in the region. The end of apartheid and other rapid changes in the region—political, racial, economic and social—has directly placed the courts on the frontlines of human rights protection especially on socio-economic rights and other overarching concerns of law reform. The adoption of constitutional courts in some of the countries, and consequent judicial activist turn in the jurisprudence of courts in the region generally; has inserted the courts into the mainstream of policy deliberations. Thus, this paper claims that legal transplant per se does not explain the full reality of what is going on in the region—in terms of nomativization, transmission, adoption, and adaptation of legal ideas within the respective systems in the region. It further claims that a mesh of different understandings and approaches to legal comparison and development is more suitable as a method of studying pluralist complex systems as we see in the region. Hence, the notion of judicial translation—the judiciary forming the membrane, purveyor and capillary of legal transmission—as an essential lens through which we can better view and understand the legal evolution in the region. Taking the institution of courts – particularly constitutional courts—and examining their jurisprudence as epitomized in some of their decisions of finality—the work seeks to begin a meaningful deliberation about the role of courts in law, social change, and policy in the region. It is divided into three major parts for ease of discourse. It is hoped that this would be a fitting exordium into the more significant meaning of legal transplant through judicial intervention in otherwise predominantly policy questions in the Southern African region.
is needed because of the specific nature of internet as a tool capable of transferring double-sided information regardless of state borders. Unlike Goldsmith, they reach conclusion that the court jurisdiction cannot be examined by substantial effect criteria on the territory of the affected state. Johnson and Post state, that the relationship between the two communicators can have an impact everywhere, so every court of every state could claim its jurisdiction. This situation cannot be acceptable, because it would create the unreal criterion that everyone would
Magdalena Flatscher-Thöni, Andrea M. Leiter and Hannes Winner
-determination, reasonable compensation in money may also be demanded for any damage that is not pecuniary loss”. Hence, Art 253 BGB represents the central statutory provision of German tort law regarding claims in case of DPS. In 2002, the German tort law was reformed according to the “Zweites Gesetz zur Änderung schadensersatz-rechtlicher Vorschriften”. Since then, damages for pain and suffering can be based on tort as well as on the violation of contractual obligations (see Magnus 2003 and Koziol 2012 , for a detailed discussion). In our empirical analysis below, we explicitly
Actuarial fairness is based on the concept of fairness over the whole lifespan. The idea is that an individual accumulates pension wealth with his or her own contributions. Pension entitlement is then based on one’s contributions to the system and the expected duration of the pension claim. This means that the person expects, at the beginning of the contributions, to receive the same amount of the cumulated pension as the payout as he or she has contributed over his or her working lifetime. This requirement is not met by the Austrian pension system. In
or protective measure under the law, the decision to execute or to provide for its execution, to decide on the claim of damages for the damaged person, while respecting the fundamental rights and freedoms of natural and legal persons. While, at the same time, to strengthen the rule of law, prevent and suppress criminal activity and educate citizens.
In the conditions of the Slovak Republic, the criminal law is procedurally regulated by a generally binding legal regulation – the Act no. 301/2005 Coll. on Criminal Code of 24 May 2005, as subsequently amended. This
scope of access to tenders. The request to access the tender of the selected tenderer may be filed only by tenderers that submitted admissible tenders and which were not excluded as inadmissible. Article 35 of the ZJN-3. Access must be concluded before the expiry of the time limit for filing a request for review, which under the ZJN-2 was only possible if the tenderer claimed an alleged violation of the law. The ZJN-3 removed the provision that obliged the contracting authority to inform the tenderers about their tenders being subject to access and communicate to
go beyond the law, it is first necessary to comply with it. Wettstein (2009) , too, argues that the statement about the voluntary nature of CSR was incorrect, and concludes that, while there are many claims about its voluntary status, these lack substantiation. He attributes the misinterpretations of the nature of CSR to the fact that, when the term first began to be used, it generally referred simply to the making of charitable donations to the community. Wettstein (2009) . It is obvious that even business entities that support their local communities with
. It was a new, viable model. . . ”
A. Giddens already perceives some weaknesses of the welfare state because he claims that “. . . the welfare state is essentially undemocratic and is based on the distribution of top-down benefits. Its motive is protection and care, but it does not leave enough space for personal freedom. . . ” ( Giddens, 2001 ). Musil (1996) views the welfare state in terms of social law and understands the welfare state as “a situation in which the citizens of a modern state, at the time when their ability to secure the expected economic or
Miroslava Vlčková, Zuzana Frantíková and Jaroslav Vrchota
research has focused on home-based telecommuters, and these studies have generally had relatively small sample sizes, suffer from selection bias, and rarely use a traditional office comparison group ( Dubrin and Barnard, 1993 ; McCloskey and Igbaria, 1998 ; Ramsower, 1985 ) ’.
Teleworking first came into usage in its present context to indicate work remote from the office, nevertheless in most cases teleworking is done from home, and thus sometimes titled ‘homeworking’ ( Baruch, 2000 ). Baruch (2000) introduces studies that claim that teleworking uses electronic