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  • Legal Regulation and Practice of the Non-Material Indemnification and Rehabilitation in the United Kingdom
    165-183
    Views:
    136

    The article analyzes the specialties of the English legal system with a focus on the legal regulation and court practice of tort law, and especially the non material indemnification and rehabilitation of the bodily injured. The study starts with the description of the main characteristics of the tort law, the definition and jurisprudence of non material damages, like pain and suffering and loss of amenity and psychological damages are also reviewed in detail with respective court cases. The study also gives an analysis of the connection between tort law and insurance law, how one effects the other. Nowadays the indemnification process of the bodily injured cannot be full without rehabilitation. Like in most of the Western European countries, in the United Kingdom the rehabilitation process is a complex and centrally managed procedure with the help of state institutions and programs.

  • Cumulation of Causes of Remedies for Non-performance and other Claims, with Special Regard to the Section 6:145. of Civil Code
    60-78
    Views:
    180

    The Civil Code (Section 6:145.) excludes the possibility of parallel delictual claims of compensation for damages arising from breach of contract (non-cumul). This essay deals with the concept of concurrence of law and the concept of cumulation of causes of action and the relationship between contractual remedies and other sanctions grounded on a non-contractual basis. It examines the French doctrine of non-cumul, the proposal of DCRF and certain methods among the European legal systems. This essay analyzes briefly the two situations where the contractual and delictual bases could compete with each other and the application of the above mentioned provision may generate problems.

  • Claims for Compensation Based on the Infringement of Regulations Applicable to Procurement Procedures
    11-30
    Views:
    141

    The study is concerned with those claims for compensation, which are based on the infringement of regulations applicable to procurement procedures. After the placing of the compensation within the public procurement remedy system, we outline those conducts, which can cause damage in the course of the public procurement procedure (e.g. contracting authority’s withdrawal from the public procurement, unlawful withdrawal of the tender, failing of contract conclusion, etc.). during the review of these cases, we heighten the differences existing between the classical civil law claims and the claims based on the infringement of public procurement rules.