Under Article 74 of the Constitution, for gross violation of the Constitution or breach of oath, or if it transpires that a crime has been committed, the President of the Republic may be removed from office under procedure for impeachment proceedings. In the article the content of the constitutional delict is analysed. The President of the Republic may be brought to constitutional responsibility only for the actions which he committed while in office of the President of the Republic. The (...) President of the Republic may be removed from office not for any violation of the Constitution, but only for gross violation thereof. While implementing the powers established to him in the Constitution and laws, the President of the Republic may not breach the oath. Under Article 74 of the Constitution, the President of the Republic may be removed from office “if it transpires that a crime has been committed” – this provision means that the Constitution provides for the right of the Seimas to remove the President of the Republic from office in the absence of a court judgement recognising that the President of the Republic is guilty of commission of a crime. The Constitution commissions only the Constitutional Court to establish the fact of violation of the Constitution – whether there has been a gross violation of the Constitution and breach of oath by actions of the person. The Seimas may not change or question the conclusion of the Constitutional Court. On the grounds of the conclusion of the Constitutional Court that the actions of the President of the Republic are in conflict with the Constitution, it is only the Seimas that decides whether to remove the President of the Republic from office. The removal of the President of the Republic from office under procedure of impeachment proceedings due to a suspicion that the crime has been committed is not binding upon a court of general jurisdiction which considers the criminal case. (shrink)

In European law, "non-contractual liability arising out of damage caused to another" is one of the three main non-contractual obligations dealt with in the Draft of a Common Frame of Reference. The law of non-contractual liability arising out of damage caused to another â?? in the common law known as tort law or the law of torts, but in most other jurisdictions referred to as the law of delict â?? is the area of law which determines whether one who (...) has suffered a damage, can on that account demand reparation â?? in money or in kind â?? from another with whom there may be no other legal connection than the causation of damage itself. Besides determining the scope and extent of responsibility for dangers of one's own or another's creation, this field of law serves to protect fundamental rights in the private law domain, that is to say horizontally between citizens inter se. Based on pan-European comparative research which annotates the work, this book presents model rules on liability. Explanatory comments and illustrations amplify the policy decisions involved. During the drafting process, comparative material from over 25 different EU jurisdictions has been taken into account. The work therefore is not only a presentation of a future model for European rules to come, but also provides a fairly detailed indication of the present legal situation in the Member States. (shrink)

Belgian Constitution needs a face-lifting. The right of information, both active and passive, must be recognized, along with a prohibition ofcensorship; this right implies the right of free communication and freedom of the media. It also implies the abolition of the notion press-delict and of special administration of criminal law.Legislation too has to be actualized: expansion of the right of answer to all means of communication.Furthermore, introduction of the duty of speech for anyone who holds information that may concern (...) the community.Finally, the need for a law protecting the privacy of the citizen, including protection from aggressive use and misuse of data banks, spying pratices and suchlike. (shrink)

The Study Group on a European Civil Code has taken upon itself the task of drafting common European principles for the most important aspects of the law of obligations and for certain parts of the law of property in movables which are especially relevant for the functioning of the common market. Like the Commission on European Contract Law's "Principles of European Contract Law", the results of the research conducted by the Study Group on a European Civil Code seek to advance (...) the process of Europeanisation of private law. Among other topics the series tackles sales and service contracts, distribution contracts and security rights, renting contracts and loan agreements, negotiorum gestio, delicts and unjustified enrichment law, transfer of property, and trust law. The principles furnish each of the national jurisdictions a grid reference. They can be agreed upon by the parties within the framework of the rules of private international law. They may provide a stimulus to both the national and European legislator for moulding private law. Beyond this, they aim to further discussion about the creation of a European Civil Code, or a Common Frame of Reference in the area of patrimonial law, by submitting a concrete model. The "Principles of European Law" are published in co-operation with Stämpfli, Bern. For other co-operation-partners and for more information see www.sellier.de. (shrink)

Current Legal Problems was established after the Second World War as a series of public lectures on law. It is now regarded as the most significant such series in the United Kingdom. Each year edited texts are reproduced in the form of a volume. This year's is the 56th such volume. The range of subject-matter as ever is wide. Subjects explored this year include the jurisprudence of Genesis; the law of delict; fair trials and safe convictions; and war, terrorism, (...) and international law. Amongst the contributors to this volume are Joseph Thomson, Lord Phillips of Worth Matravers, and Philippe Sands QCLReadership: Legal scholars and practitioners. (shrink)

Among the most complicated issues in the law of delict, in the case of multiple debtors, is to determine the scope of each co-debtor’s liability. The rule of proportional liability clearly favours debtors more than the aggrieved party. And, on the contrary, the solidary liability best suits the interests of the aggrieved party as the risk of co-debtor’s insolvency is transferred to the debtors. Furthermore, in the latter case, the debtors who attempt to allocate the scope of their liability (...) among themselves and fail to reach an agreement have to undergo two legal procedures: the first concerning the compensation to the creditor, and the second concerning the determination of the scope of their liability among themselves. Adequate balancing of the interests of the two parties (the debtor and the creditor) lies among the major tasks of tort law. Therefore, he law should seek specific rules instrumental in determining the scope of the co-debtor’s liability in the case of multiple debtors. The application of the rule of solidary liability is based on the assumption that individuals whose joint actions inflicted damage must compensate it together. (shrink)

Since its publication in early 2008, the DCFR has triggered an intensive discussion throughout Europe. The contributions combined in the present volume stand out as they add a Law & Economics perspective to the ongoing debate. A workshop held at the Law and Economics Faculty of the University of Bonn in November 2008 aimed at stimulating the debate on the economic implications of the principles and rules enshrined in the DCFR. An essential part of the papers presented at the Bonn (...) workshop are now being published. The topics addressed range from general issues such as the policies of anti-discrimination and consumer protection to analyses of specific legal areas, like the law of remedies, the law of service contracts and the law of torts or delict. (shrink)

In 1998 Ghia Van Eeden was sexually assaulted by a serial rapist who had escaped from police custody due to the negligence of the South African police authorities. Claiming that the State owed a common law duty of care to potential victims to protect them from violent crimes, Van Eeden sought damages for the harm she had suffered. In a path-breaking decision, the Supreme Court of Appeal (S.C.A.) found that a duty of care did indeed exist and that its execution (...) had to be considered in line with the constitutional requirement to protect women's right to be free from violence and the constitutional obligation to develop the common law so as to promote the spirit, purport and objects of the South African Bill of Rights. Examining the Van Eeden decision in terms of its substantial development of the circumstances in which the State may be judged liable for a wrongful omission, this note positions the S.C.A.'s decision in the context of the evolving case law of the Constitutional Court on sexual violence and ultimately questions its practical significance for addressing the prevalent abuse of women in South Africa. (shrink)

Tempo barroco: as Visitas Pastorais dos Comissários das Ordens Terceiras no século XVIII em Minas Gerais. (Baroque Time: pastoral visits of the comissioners of the third orders in Minas Gerais, Brazil, during the eighteenth century.). O presente artigo tem por objetivo analisar o aparato que marcava a entrada dos comissários das ordens terceiras em suas visitas às vilas, analisando também o modo como aconteciam essas visitas pastorais. As visitações dos comissários das Ordens Terceiras de Nossa Senhora do Carmo e de (...) São Francisco eram ocasiões que mobilizavam os irmãos destas congregações tanto no tocante aos assuntos espirituais quanto à esfera temporal. No aspecto material, as visitas demandavam grandes despesas com a realização de solenidades e hospedagem dos comissários. A visitação tinha por objetivo central assegurar a manutenção do sentido de ordem e de hierarquia que fundava as fraternidades de irmãos terceiros. Deste modo os padres visitadores deviam inspecionar e nortear a vida administrativa destas congregações e a vida particular dos terceiros seculares para verificar a sua conformação aos preceitos da moral e da fé cristã e às regras das ordens terceiras, instruir e disciplinar aqueles irmãos que houvessem cometido algum delito, coibir práticas e comportamentos desviantes. A pompa barroca das diversas cerimônias que aconteciam durante o tempo da visita concorria para suscitar o sentido de ordem e hierarquia entre os irmãos terceiros. Palavras-chave: Ordens Terceiras; Visita Pastoral; Festa; Catolicismo; Barroco.This article aims to examine the apparatus that marked the entrance of the Third Orders’ Commissioners on their visits to the villages, also analyzing how these pastoral visits took place. The Visitations of those Commissioners of the Third Order of Our Lady of Mount Carmel and San Francisco happened to be special occasions for the brothers of these congregations to be both materially and spiritually revived. In the material aspect, such visits demanded great costs to cover the ceremonies and the Commissioners expenses. The main purpose of the Visitation was to ensure the maintenance of a sense of order and hierarchy that originally was on the foundation of the fraternity. Thus, the Visitors should inspect and guide the administrative life of these congregations and also to help the Fathers to conform their lives to the precepts of morality and Christian faith and to the rules of the Third Order. Such visits also had the purpose to educate and to discipline those brothers who had committed some delict, and to curb practices and deviant behaviors. The pomp of the Baroque ceremonies that took place during the time of those mentioned visits finally aimed to raise the sense of order and hierarchy among all the members of Third Order of Our Lady of Mount Carmel and San Francisco. Key words : Third Order; Pastoral Visit; Party; Catholicism; Baroque. (shrink)

This article is concerned with the place counterfactual reasoning occupies in South African law, and how philosophy might be able to help the law. I point out some of the more important and unavoidable uses of counterfactual reasoning in our law. Following this I make some suggestions as to how philosophy, and especially informal logic, can be of help to the law. Finally, I make some suggestions as to how the law in turn can help philosophy.

This article addresses several aspects of interaction between procedural and conflict rule regulation in private international law both of which are subject to unification process under the European Community law. They are interdependent of each other, and use the same or similar terms on many occasions. Problems with interpretation arise in application of these legal regulations. The European Court of Justice addresses them more or less successfully. As demonstrated in this article, the interpretation of procedural rules of regulation may contribute (...) to the clarification of the conflict rules and vice versa. It can be even said that the mutual interaction of conflict rules and procedural rules through interpretation is both unavoidable and desirable. (shrink)