Compensation of non-pecuniary damage to persons close to the deceased or to the aggrieved person

Lahe, Janno; Kull, Irene

doi:10.1016/j.icj.2016.03.001

Cited by 4 publications

(1 citation statement)

References 2 publications

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“…In the context of open banking, the value of data or the value of personality and identity interests hidden beneath the data are important, but they are not quantifiable, so when we want to talk about loss allocation principles, we may need to provide an artificial standard for quantification. Therefore, in this paper, while non-pecuniary losses are not the key point, we also hope that this question will prompt scholars to investigate further and make breakthroughs (Lahe & Kull, 2016).…”

Section: Loss Allocation Based On the Loss Caused By Different Types mentioning

confidence: 98%

Unauthorized Transactions and Unintended Transactions in Open Banking:

Wang¹,

Deng²

2021

Proceedings of the 6th Annual International Conference on Social Science and Contemporary Humanity Development (SSCHD 2020)

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Open Banking allows for faster data flow data to flow faster and more widely. At the same time, a variety of risks have emerged as a result. This paper examines two major types of risk: unauthorized transactions and unintended transactions, both of which take place when consumers provide authorization for and confirm transactions. Although many safeguards have been adopted to ensure the safety of a transaction, existing surveys show that the effectiveness of these safeguards is not satisfactory. Through theoretical analysis and experimental report, this paper will demonstrate an important concept called "predictable irrationality", explaining why the problem is still unresolved despite the presence of a large number of protective safeguards. Irrationality exposes consumers to greater risks, especially in the context of open banking; it makes consumers unable to fully realize the consequences of their authorizations, which potentially leads to the occurrence of unintended transactions. To reduce this risk, this paper first puts forward suggestions for all aspects of authorization. However, considering that procedural suggestions alone cannot effectively address this risk, this paper also puts forward suggestions for the current legislative model as well. It is the hope that more effective safeguards can be adopted at the authorization stage and a more reasonable loss allocation principle can be applied after loss happens to reduce the two major types of risk and protect the interests of customers.

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Section: Loss Allocation Based On the Loss Caused By Different Types mentioning

confidence: 98%

Unauthorized Transactions and Unintended Transactions in Open Banking:

Wang¹,

Deng²

2021

Proceedings of the 6th Annual International Conference on Social Science and Contemporary Humanity Development (SSCHD 2020)

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Análisis de la presunción de daño moral que beneficia a ciertas víctimas indirectas en la jurisdicción contencioso administrativa colombiana

Benavides

2018

derest

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Este artículo estudia la presunción de daño moral a favor de las víctimas indirectas en la jurisdicción contencioso administrativa. En primer término se analizan las diversas teorías en torno a la prueba del daño moral. Posteriormente se dan las razones por las cuales la prueba del daño moral de algunas víctimas indirectas corresponde a una presunción y no a un indicio. El artículo finaliza explicando las razones por las cuales la estructura de presunción conduce a indemnizar daños inciertos, además de resultar discriminatoria frente a modelos de familia no tradicionales.

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Personality Rights – A Universal Tool for the Recovery of Non-Pecuniary Loss

Kasperska¹

2021

AJL

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As society develops, the concept of personality rights and their legal protection gain significance over the years. Naturally, this concept is evolving as society changes, and it should protect new personal interests against infringement. At the same time, there are reported instances of granting legal protection with doubtful legal justification. In Poland, many commentators and scholars point out that the courts, in some cases, seem to use the concept of personality rights as a universal tool in order to compensate for nearly any mental distress. In this paper, I wish to present interesting examples of this "search" for new personality rights as tools to compensate the plaintiffs for non-pecuniary damages, along with some controversial cases of granting non-pecuniary damages based on questionable legal justification. Following, I will attempt to clarify the notion of non-pecuniary loss and examine whether the courts try to expand its meaning to grant legal protection to plaintiffs. My analysis will be based on Polish law, with some comparative remarks. As the problem is complex and varies according to the jurisdiction, this paper provides a general illustration of the issue at hand. Keywords: Tort law; Personality rights; Non-pecuniary damage; Non-pecuniary loss; Compensation

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Compensation of non-pecuniary damage to persons close to the deceased or to the aggrieved person

Cited by 4 publications

References 2 publications

Unauthorized Transactions and Unintended Transactions in Open Banking:

Unauthorized Transactions and Unintended Transactions in Open Banking:

Análisis de la presunción de daño moral que beneficia a ciertas víctimas indirectas en la jurisdicción contencioso administrativa colombiana

Personality Rights – A Universal Tool for the Recovery of Non-Pecuniary Loss

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