Compensating a Legal Person for Moral Damage in Jordanian Law

The issue of compensating the legal person for the moral damage it causes to it has raised a great argument of controversy in Jordan, especially in light of the refusal to recognize the rights attached to the natural person of the legal person. This research came to identify the legal nature of the legal personality and the moral damage and the position of the Jordanian law on it, and to determine the feasibility, adequacy and appropriateness of the legal texts contained in the Jordanian civil law in knowing the extent to which the legal person may be compensated for moral damage. Using the opinions of jurists and judicial and explanatory decisions, the researcher has found that moral damage has multiple forms, a research that arises from the act and assault carried out by the aggressor. As a result, it is not appropriate to limit moral damage to rigid legal texts based on what is stated in the legislation and decisions of the esteemed Court of Cassation, as the researcher recommends. The Jordanian legislator should include general provisions clarifying the civil liability of the legal person, and the researcher recommends a separate chapter in the civil law to talk about the moral damage and its multiple meanings and aspects and how to rule for compensation and claim it.

Nuclear Law: The Global Debate

The International Atomic Energy Agency (IAEA) plays a unique role in the development and implementation of international nuclear law. This chapter contains a short examination of the regime of nuclear law and its four pillars, namely safety, security, safeguards and civil liability for nuclear damage. It examines how we got to where we are and where we can take the global debate, taking into account current and emerging peaceful applications of nuclear science and technology such as advanced reactors and nuclear fusion. The chapter also contains an invitation to all stakeholders in the global community, including international organizations, non-governmental organizations, industry, academia and civil society, as well as all those that will be responsible for shaping nuclear law in the future, to let the debate and dialogue on nuclear law begin.

Nuclear Liability and Post-Fukushima Developments

The international community has developed a series of conventions on civil liability for nuclear damage, which aim to ensure compensation is available for damage, including transboundary damage, caused by a nuclear incident. Those conventions have struggled to gain universal adherence, and the “global regime” called for in 2011 is at best a patchwork quilt, with a number of treaties with differing memberships, and many States (including States with large and growing nuclear sectors) not party to any convention. However, the principles of the conventions are reflected in national laws in most States which operate nuclear power reactors and associated facilities. This chapter assesses the current global nuclear liability regime and discusses a series of recommendations made by the International Expert Group on Nuclear Liability (INLEX) to allow the international community to respond to the continued evolution of the nuclear industry.

Russian Vision of the Problems and Prospects of the International Legal Framework in the Context of Small Modular Reactors and Transportable Nuclear Power Units

Small modular reactors (SMRs) could be key to providing developing regions with clean and affordable (and cost-effective) electricity. Deployment of SMRs requires a transparent and balanced legal framework that will define the specifics and boundaries of shared responsibility between the host and supplier country, especially in the case of innovative floating SMR projects. Legal experience in nuclear-powered vessels and nuclear installations can be used in the development of regulatory approaches for floating SMRs. This chapter provides an analysis of the applicability of the existing international conventions, including the 1974 International Convention for the Safety of Life at Sea, the IAEA safeguards agreements, and civil liability instruments, to the floating SMRs. In addition, some considerations for the future development of the legal framework for floating SMRs are proposed.

The Civil Liability of the Director of a One-person Company in the Saudi System and Jordanian Law

This study aims to identify the civil liability of One-person company directors in both the Saudi and Jordanian laws and the related legal articles, to demonstrate the civil liability of One person company directors and when does it apply, and to shed light on the types of directors in One-Person Company in both Saudi Arabia and Jordan, and their obligations; also, the powers of the director and co-director and their limitations .The researcher used the analytical, inductive, and comparative methods by which several findings were achieved. The most important of which are: the Saudi government did not create any exclusive legal regulations for one-person companies as it is the case for other companies. Also, the basis of civil liability is the existence of harm, and the civil liability of one-person company director requires him to compensate for the damage caused by the breach of the obligations.

THE BOARD OF DIRECTORS OF A BANKRUPT COMPANY’S CIVIL LIABILITY FOR OBTAINED TAXES

Sumber Urip Sejati Utama Ltd. is a company that runs in the fertilizer industry. Technically, Sumber Urip Sejati Utama Ltd.'s board of directors purchase urea fertilizer for the factory, then sold the urea fertilizer to consumers. As a urea fertilizer distributor, Sumber Urip Sejati Utama Ltd. should fulfil tax administration obligations, such as reporting tax payments and calculations. However, Sumber Urip Sejati Ltd.’s administration is highly engineered by the company’s directors because Sumber Urip Sejati Utama Ltd. is operating even though it is declared bankrupt. The situation escalades when the company is faced with unfulfilled tax obligation. Therefore, the main problem in this research is the director board of Sumber Urip Sejati Utama's Ltd. civil liability and legal consequences towards the tax in debt due to the board’s negligence. The research method used in this study is a normative juridical approach, which is an approach based on the primary legal material by examining theories, concepts, legal principles and legislation. The research elaborates that the civil liability of Sumber Urip Sejati Utama Ltd.’s director board towards the tax in debts is in a form of joint responsibility or responsibility. Moreover, the legal consequences faced by the director boards due to their negligence is that directors should bear all of the company's debts to creditors and third parties, to the extent of using the directors' assets to cover the losses.

Civil liability of taxi-aggregation companies: Between contract and tort law

Technical and information progress undoubtably have an influence on the trade market and the consumer service sector of the modern economy. The sphere of taxi companies is no exception. When a user downloads a taxi-aggregation company’s application and orders a taxi, using its information about a carrier, this causes uncertainty in the qualifcation of the legal relationship between aggregator, carrier, and consumer. This ambiguity becomes critical if non-performance of the contract causes injury or non-pecuniary loss to a passenger. In this case, a concurrence arises between contact and tort qualifcation of the claim against the carrier and/or aggregator. The essay examines approaches to the distribution of liability between the aggregator, the carrier, and other persons who could contribute to causing harm, from the point of view of contract and tort law.

Responsabilidade Civil por Ato de Terceiro: Reflexões sobre a Responsabilidade Civil do Administrador de Grupos em Aplicativos de Troca de Mensagens

The evolution of social relations brings, among others, the challenge of thinking about the civil liability of the administrator of groups of applications for exchanging messages for the manifestations of its members. In our law, the rule is liability for its own act, with the exception of civil liability for the act of another. Thus, it is necessary to question whether the role of the administrator of message exchange groups is in addition to any of the hypotheses provided for by law. In being positive, which of the exceptions does the message exchange application group administrator fit into? In being negative, one wonders whether there is a duty to moderate the manifestations. Considering both hypotheses, there are limits to this responsibility established, for example, by freedom of expression? Analyzing these questions based on bibliographic research and pertinent jurisprudence, it is concluded that the civil liability of the group administrator of the application group of exchange of messages is by his own, subjective action and does not conflict with freedom of expression. The subject is approached using the dialectical method. With regard to the procedure, bibliographic research on the subject was used, including the analysis of relevant precedents.

THE PRINCIPLES OF CIVIL LIABILITY (continuation)

The French law of obligations has been undergoing significant changes in the recent years. The French contract law reform came to the end in 2018. The next set of the changes relates to the civil liability issues. A translation of a book written by one of the key French authors in this field, which translation is proposed to divide into several parts and to so make it available for the Russian legal professional community, helps to better explore the material and to clearer understand the main principles which the French approach on the fundamental problems of the civil law liability is based on.

Guilt as a condition of civil liability for violation of copyright and related rights

The relevance of the scientific article is due to the changes made to copyright legislation, which established a multiple size of civil liability for violation of copyright and related rights. Such responsibility is atypical for civil law, since it provides for the dependence of its size on the form of guilt of the offender. In the doctrine of civil law and jurisprudence, the presumption of guilt in committing a civil offense is traditionally applied. At the same time, the measures of responsibility are aimed at full compensation for the harm caused, regardless of the form of guilt. Therefore, in civil law there is no normative definition of the forms of guilt. At the same time, in cases on the protection of copyright and related rights, the issue of proving the form of the offender’s guilt acquires special significance. This is necessary to establish the basis for civil liability and its size. For this purpose, based on the study of scientific approaches to understanding the category of guilt, the author of the article formulated criteria for establishing a careless form of guilt in violation of copyright and related rights; the signs indicating the absence of guilt in the actions of the offender have been identified; the characterization of intent when committing a violation of these rights is given. The behavior of the violator, which is deliberately aimed at violating the rights of the copyright holder or deliberately ignoring his rights in order to achieve goals useful for himself, should be defined as guilt in the form of intent. The attitude of the subject to the harm caused to the copyright holder is legally unimportant. Intent should be established with respect to the behavior of the subject at the time of the violation, and not after its completion. The application of the criteria for the form of guilt proposed in the article is aimed at solving practical problems in law enforcement